Disposed

Rumaisha Bano v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Allahabad HC20 Mar 2024A227/1402/2024

Case brief

AI extract

What is this about?

Petitioner sought direction to expedite Section 125 Cr.P.C. proceedings pending before the Family Court, Barabanki. The High Court directed the trial court to decide the case within four months from the date of the order, without unnecessary adjournments, clarifying this does not prejudge merits.

What did the court decide?

Trial court directed to decide the case within four months from the date of this order without unnecessary adjournments.

Rumaisha Bano vs State of U.P. Thru. Prin. Secy… — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:24373

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Court No. - 16

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Case :- MATTERS UNDER ARTICLE 227 No. - 1402 of 2024 Petitioner :- Rumaisha Bano Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Manjusha Kapil Counsel for Respondent :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Ms. Manjusha Kapil, learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record.

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This petition under Article 227 of the Constitution of India has been filed with a prayer to issue an order or direction commanding the learned Principal Judge, Family Court, Barabanki to expedite proceedings of Original Suit No.19 of 2019 (Rumaisha Bano Vs. Razi Ahmad), under Section 125 Cr.P.C.

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Learned counsel for the petitioner submits that a positive direction be given to the trial court to decide the aforesaid case within a stipulated period.

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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 case of the petitioner, as merely keeping pending the same by the trial court does not suffice any purpose of the litigation.

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In view of the statements made by the learned counsel for the parties, the trial court is directed to decide the aforesaid case 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.

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With the aforesaid observation, the petition is disposed of finally.

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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.

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Order Date :- 20.3.2024/Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Rumaisha Bano v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

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Rumaisha Bano v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

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