Disposed

Madhuri Gond v. the Court of Principle Judge and Another

Allahabad HC16 Dec 2020A227/3886/2020

Case brief

AI extract

What is this about?

In this Article 227 writ petition, the court directed the Principal Judge, Family Court, Azamgarh, to decide pending maintenance proceedings under Section 125 Cr.P.C. within eight months to prevent frustration of legislative intent and ensure expeditious justice.

What did the court decide?

Directing the Principal Judge, Family Court, Azamgarh, to decide the pending Section 125 Cr.P.C. case within eight months.

Madhuri Gond Vs the Court of Principle Judge and… — Maintenance and Alimony | Allahabad HC (2020)

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Court No. - 83

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Case :- MATTERS UNDER ARTICLE 227 No. - 3886 of 2020

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Petitioner :- Madhuri Gond

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Respondent :- The Court Of Principle Judge And Another Counsel for Petitioner :- Rajendra Kumar Ojha,Ajay Kumar Pandey

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Hon'ble Ajay Bhanot,J.

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Heard Sri Rajendra Kumar Ojha, learned counsel for the petitioner and learned A.G.A. for the State.

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This petition under Article 227 of the Constitution has been filed seeking the following relief:

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"It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to decide/disposed off Suit No. 224 of 2016 (Smt. Madhuri Vs. Guddu) U/s 125 Cr.P.C P.S. Bilariyanganj District Azamgarh, within short stipulated period, during the pendency of the writ petition, and/ or to pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case "

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It is contended by Sri Rajendra Kumar Ojha, learned counsel for the petitioner that the petitioner does not have any independent source of income and is solely dependent upon the respondent no.2. The respondent no.2/husband of the petitioner has failed to maintain her. The petitioner stands on the brink of financial destitution on account of the negligent and callous attitude of the respondent no.2. The petitioner instituted proceedings under Section 125 Cr.P.C for grant of maintenance. However, the proceedings have not been decided till date.

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The only prayer made by Sri Rajendra Kumar Ojha, learned

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counsel for the petitioner is that the case may be decided within a stipulated period of time.

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Learned A.G.A does not have any objection to the aforesaid prayer.

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The legislative scheme for maintenance of wives, children and parents is enacted in Chapter IX of the Cr.P.C., and is appropriately titled "Order for Maintenance of Wives, Children and Parents".

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The legislative scheme is comprehensive and extends from Sections 125 and 128 Cr.P.C.

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The legislative intent of the said provisions is to provide expeditious financial succour to the dependent spouse, children and parents of the defaulting party. The purpose of grant of maintenance under the said provisions shall be defeated, if the said proceedings are kept pending indefinitely. Delay in deciding the application under Section 125 Cr.P.C will frustrate the legislative object of enacting the provision.

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In the instant case the proceedings have been pending for an inordinately long period, without good cause.

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It is imperative that the proceedings under the aforesaid provisions be decided expeditiously as per law by the competent court to realise the legislative intent and secure the ends of justice. In light of the preceding discussion this Court has to fix a time frame for deciding the proceedings under Section 125 Cr.P.C.

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The matter is remitted to the learned trial court / the Principal Judge, Family Court, Azamgarh to execute the

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following directions:

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I. The learned trial court / Principal Judge of the family court Azamgarh to decide the case no. 224/2016 (Madhuri Vs. Guddu) u/s 125 Cr.P.C., pending before Principal Judge, Family Court, Azamgarh within a period of 8 months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad.

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The computer generated copy of such order be self attested by the petitioners (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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II. An opportunity of hearing shall be given to the respondent no.2.

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III. The respondent no.2 shall cooperate with the proceedings before the learned trial court / the Principal Judge, Family Court, Azamgarh.

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IV. The learned trial court if necessary shall proceed on a day to day basis to ensure that the proceedings are decided within the above mentioned timeline.

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Order Date :- 16.12.2020 Nadeem Ahmad

Madhuri Gond v. the Court of Principle Judge and Another

Case brief

What is this about?

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Madhuri Gond v. the Court of Principle Judge and Another

Case brief

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