This Article 227 petition directed the Principal Judge, Family Court, Allahabad, to decide a Section 125 CrPC case expeditiously within three months without unnecessary adjournments.
Direction to decide the Section 125 CrPC case within three months without unnecessary adjournments.
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Court No. - 73
Case :- MATTERS UNDER ARTICLE 227 No. - 3881 of 2022
Petitioner :- Archana Gupta @ Ruhi Respondent :- Sri Rahul Rathore Counsel for Petitioner :- Prabhat Tripathi
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner, learned AGA for the State and perused the record.
This petition under Article 227 of the Constitution of India has been filed by the petitioner with a prayer to direct the learned Principal Judge, Family Court, Allahabad to decide the Case No. 700 of 2018 (Archana Gupta Vs. Rahul Rathore), under Section 125 CrPC, Police Station Keedganj, District Allahabad within stipulated period.
Learned counsel for the petitioner has submitted that the petitioner is the wife of opposite party and she has filed an application under Section 125 CrPC on 31.07.2018 and since then, proceeding has been lingering-on, on one pretext or the other.
In view of the above, learned Principal Judge, Family Court, Allahabad is expected to make all endeavours to decide the aforesaid case as expeditiously as possible, preferably within a period of three months from the date of filing of certified copy of this order without giving any unnecessary adjournments to either parties, if there is no other legal impediment in deciding the aforesaid case.
With the aforesaid direction, this petition under Article 227 of the Constitution of India is finally disposed of.
Order Date :- 24.5.2022 Nadim
Digitally signed by NADIM ALAM Date: 2022.05.24 16:45:47 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Family Court Allahabad must decide the Section 125 CrPC proceeding expeditiously.
Whether unnecessary adjournments should be given in the maintenance case.
Archana Gupta @ Ruhi
Sri Rahul Rathore
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
