The High Court, under Article 227, directed the Family Court at Sonbhadra to dispose of a pending Section 125 Cr.P.C. interim maintenance application within three months to prevent the failure of the purpose of such relief.
Directed court below to decide interim maintenance application within three months.
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Court No. - 91
Case :- MATTERS UNDER ARTICLE 227 No. - 9710 of 2022
Petitioner :- Ismail Ali Shah And Another Respondent :- Principal Judge Family Court, Sonbhadra, Up And Another Counsel for Petitioner :- Mashhood Abbas
Hon'ble Mrs. Jyotsna Sharma,J.
Heard Sri Mashhood Abbas, learned counsel for the petitioner.
This matter is being decided without issuance of notice to opposite party.
Only prayer is to direct the court below to decide the application for interim maintenance, which as per the statement of the petitioner, is pending before the Principal Judge, Family Court Sonbhadra for the last five months.
Perused the papers on record. It is revealed that an application under Section 125 Cr.P.C. was moved on behalf of the petitioner for grant of maintenance for herself and for her minor son aged about six years. The application for interim maintenance filed on 30.05.2022 is pending for disposal.
In my view the purpose fails if the application for grant of interim maintenance is kept pending.
Principal Judge, Family Court Sonbhadra is, therefore, directed to hear on the application for interim maintenance and decide the same within a period of three months from date of production of a certified copy of this order.
The petition stands disposed of.
Order Date :- 10.11.2022
Asha
Digitally signed by ASHA Date: 2022.11.11 10:09:36 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Family Court must decide the pending interim maintenance application within a specified time limit to avoid inordinate delay.
2 provisions across 2 enactments
Ismail Ali Shah And Another
Principal Judge Family Court, Sonbhadra, Up And Another
Jyotsna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
