Ankita Verma and Another Vs State of U.P Thru… — Maintenance and Alimony | Allahabad HC (2024)

Ankita Verma and Another Vs State of U.P Thru… — Maintenance and Alimony | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to the trial court (Additional Principal Judge-2, Family Court, Lucknow) to conclude the Section 125 Cr.P.C. proceedings (Misc. Case No. 1618/2023) most expeditiously, and to consider and dispose of the petitioners' interim relief application within three months from the next date fixed in the case.

Issue for consideration

Whether the High Court should direct the Additional Principal Judge-2, Family Court, Lucknow to decide the petitioners' Section 125 Cr.P.C. petition (Misc. Case No. 1618/2023) expeditiously and to dispose of the accompanying interim relief application.

Court's answer

The petition is disposed of with a direction to the trial court concerned to do needful in the matter and conclude the Section 125 Cr.P.C. proceedings most expeditiously.

Ratio / Principle

The trial court is expected to consider and dispose of the petitioners' application seeking interim relief within a period of three months from the next date fixed in the case.

Key takeaways

The Court has not examined the case of either party on merits, and the court concerned shall be free to decide the matter strictly in accordance with law.obiter¶¶13

Detailed headnote1 paragraphs

Petition (Matters Under Article 227 No. 1760 of 2024, Neutral Citation 2024:AHC-LKO:29478) by Ankita Verma and another before the Allahabad High Court, Lucknow Bench (Saurabh Lavania, J., decided 12.4.2024), seeking directions to the Additional Principal Judge-2, Family Court, Lucknow for expeditious disposal of their Section 125 Cr.P.C. maintenance petition (Misc. Case No. 1618/2023, Ankita Verma and another vs. Avnish Singh), filed on 19.08.2023 and pending with an interim-relief application; notice to the private respondents was dispensed with. The petition was disposed of with a direction to the trial court to conclude the proceedings most expeditiously and to consider and dispose of the interim-relief application within three months from the next date fixed, expressly without examining the merits and leaving the court below free to decide strictly in accordance with law.

Neutral Citation No. - 2024:AHC-LKO:29478

Court No. - 13

Case :- MATTERS UNDER ARTICLE 227 No. - 1760 of 2024

Petitioner :- Ankita Verma And Another Respondent :- State Of U.P Thru. Addl. Chief Secy. Home Lko. And Another

Counsel for Petitioner :- Rakesh Kumar Agarwal,Saksham Agarwal Counsel for Respondent :- G.A.

Hon'ble Saurabh Lavania,J.

Heard Sri Saksham Agarwal, learned counsel for the petitioners and learned AGA for the State.

In view of order proposed to be passed, issuance of notice to the privaterespondent(s) is hereby dispensed with.

The instant petition has been preferred for the following main reliefs:-

"1. To issue a direction to Additional Principal Judge-2 Family Court Lucknow to decide petition filed by petitioner under Section-125 of Cr.P.C 1973, bearing no. 1618 of 2023 Ankita Verma & another versus Avnish Singh, pending before it, as expeditiously as possible preferably within a period of 6 months (the certified copy of order sheet is contained in ANNEXURE-1).

2. To issue a direction to Additional Principal Judge-2 Family Court Lucknow to decide application for interim relief filed by petitioner along with petition under Section-125 of Cr.P.C 1973, bearing no. 1618 of 2023 Ankita Verma & another versus Avnish Singh, pending before it, as expeditiously as possible preferably within a period of 1 months."

Considering the facts, as indicated in this petition, including that the petition in issue under Section 125 Cr.P.C. was filed by the petitioners on 19.08.2023 and the same is pending consideration alongwith an application seeking interim relief as Misc. Case No. 1618/2023 (Ankita Verma and another vs. Avnish Singh) as also that the petitioner No. 2 is minor and on account of financial crunch, the petitioners are suffering great hardship and mental agony, the present petition is disposed of with a direction to the trial court concerned to do needful in the matter and the proceedings should be concluded most expeditiously. It is also expected that the trial court concerned shall consider and dispose of the application of the petitioners seeking interim relief within a period of three months from the next date fixed in the case.

It is made clear that the Court has not examined the case of either party on merits and the court concerned shall be free to decide the matter strictly in accordance with law.

With the aforesaid, the petition is disposed of .

Order Date :- 12.4.2024 Arun/-

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench