Dismissed

Abdul Rahman Ansari v. State of U.P. and Another

Allahabad HC12 May 2023A482/5431/2020

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking to quash an interim maintenance order of Rs. 2,000. Despite failed mediation, the court refused to quash the order and directed the lower court to decide the pending case within six months.

What did the court decide?

Application dismissed; lower court directed to dispose of pending maintenance case within six months.

Abdul Rahman Ansari Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:103828

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 5431 of 2020

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Applicant :- Abdul Rahman Ansari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Singh,Krit Raj Singh Counsel for Opposite Party :- G.A.,Daya Shankar

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Hon'ble Shekhar Kumar Yadav,J.

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This petition has been filed by the applicant for quashing of the impugned order dated 05.11.2019 passed by the Principal Judge, Family Court, Jaunpur Court No.2, Kaunpur, Case No.191 of 2019 (Farhat Bano Vs. Abdul Rahaman), under Section 125 Cr.P.C., P.S. Saraykhaja, District Jaunpur, pending in the court of Principal Judge, Family Court, Court No.2, Jaunpur with a further prayer to stay the further proceedings of the aforesaid case.

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It appears that an application under Section 125 Cr.P.C. was moved by the opposite party no.2 which was partly allowed by the court below vide order 05.11.2019 and the opposite party no.2 was allowed maintenance to the tune of Rs.2,000/- as interim maintenance per month, it is this order which is subject matter of challenge before this court. This Court referred the matter to Mediation Centre of this Court vide order dated 06.02.2020 on the joint request made by the parties. Despite the matter being referred to the Mediation Centre, the settlement between the parties could not be arrived at and has failed on 26.10.2021. It is contended by learned counsel for the applicants that since the mediation in the matter has failed the matter may be

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decided on merits.

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Learned counsel for the applicant submitted that the applicant is very poor and his old father and mother are fully dependent upon him.

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Heard Sri Alok Kumar Singh, learned counsel for the applicant and Sri Daya Shankar, learned counsel for the opposite party no.2 as well as perused the material available on record.

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Considering that this criminal case is pending since 2019, without expressing any opinion on the merit of this case, this application stands dismissed with a direction to the Court below concerned to decide the aforesaid case as expeditiously as possible preferably within a period of six months from the date of production of a certified copy of this order without granting unnecessary adjournments to either of parties, if there is no other legal impediment.

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Order Date :- 12.5.2023 Krishna*

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Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad

Abdul Rahman Ansari v. State of U.P. and Another

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Abdul Rahman Ansari v. State of U.P. and Another

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