Tabassum Fatma v. Mohd. Irfan
Case brief
What is this about?
The High Court of Judicature at Allahabad disposed of a writ application under Article 226. Directing the Principal Judge Family Court, Jaunpur, to decide the pending Section 125 Cr.P.C. case within six months without unnecessary adjournments.
What did the court decide?
Directing the court below to decide the case within six months without unnecessary adjournments.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 89
Case :- MATTERS UNDER ARTICLE 227 No. - 3159 of 2023
Petitioner :- Tabassum Fatma Respondent :- Mohd. Irfan Counsel for Petitioner :- Shamim Uddin Khan
Hon'ble Sanjay Kumar Pachori,J.
Heard Ms Shaista Noori, Advocate holding brief of Shri Shamim Uddin Khan, learned counsel for the petitioner, learned A.G.A. and perused the material on record.
The present application under Article 227 of the Constitution of India has been filed by the petitioner with a prayer to issue a direction to the Principal Judge Family Court, Jaunpur to decide the Case No. 1651 of 2021 (Tabassum Fatma Vs. Mohd. Irfan) under Section 125 Cr.P.C., Police Station-Kotwali, DistrictJaunpur within stipulated period.
Considering the fact that the case is pending since 2021, without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, preferably within a period of six months after production of certified copy of the order, without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment.
With the aforesaid directions, the application stands disposed of finally.
Issues for consideration
2 issues framed by the court
Whether the family court below should decide the maintenance case pending since 2021 within a stipulated period.
Whether unnecessary or long adjournments should be granted to either party in the pending case.
Parties & counsel
- petitioner
Tabassum Fatma
- respondent
Mohd. Irfan
Coram
Sanjay Kumar Pachori
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- A227/3159/2023
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