The High Court directed the Family Court to decide the Section 125 Cr.P.C. application within four months without unnecessary adjournments to avoid litigation delay.
Direction to the trial court to decide the application within four months from the date of filing the certified copy of this order.
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Neutral Citation No. - 2024:AHC-LKO:23855
Court No. - 16
Case :- MATTERS UNDER ARTICLE 227 No. - 1376 of 2024 Petitioner :- Smt. Anuradha Dubey Respondent :- Principal Judge Family Court Faizabad And Another Counsel for Petitioner :- Vaibhav Srivastava
Hon'ble Shamim Ahmed,J.
Heard Sri Vaibhav Srivastava, learned counsel for the petitioner as well as Sri Satendra Srivastava, learned A.G.A. for the State and perused the record.
This petition under Article 227 of the Constitution of India has been filed with a prayer to issue an order or direction commanding the opposite party no.1 i.e. learned Principal Judge, Family Court, Faizabad to decide the Case No.602 of 2022, under Section 125 Cr.P.C., Police Station Kotwali Nagar, District Faizabad/Ayodhya expeditiously.
Learned counsel for the petitioner submits that a positive direction be given to the trial court to decide the aforesaid application within a stipulated period.
Learned A.G.A. has no objection on the prayer made by the learned counsel for the petitioner and submits that a positive direction be given to the trial court to decide the application of the petitioner, as merely keeping pending the same by the trial court does not suffice any purpose of the litigation.
In view of the statements made by the learned counsel for the parties, the trial court is directed to decide the aforesaid application filed by the petitioner expeditiously i.e. within four months, without granting any unnecessary adjournment to either of the parties from the date of filing of the certified copy of this order, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case.
With the aforesaid observation, the petition is disposed of finally.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this petition and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 19.3.2024/Saurabh
Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the trial court should be directed to decide the maintenance application expeditiously.
2 provisions across 2 enactments
Smt. Anuradha Dubey
Principal Judge Family Court Faizabad
Shamim Ahmed
As recorded by the court registry
2 orders share this CNR
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