Smt Jyotima Yadav and Another vs Kumar Gaurav

Neutral Citation No. - 2024:AHC:184666

Court No. - 85

Case :- MATTERS UNDER ARTICLE 227 No. - 5751 of 2024

Petitioner :- Smt Jyotima Yadav And Another Respondent :- Kumar Gaurav Counsel for Petitioner :- Aniruddh Kumar Counsel for Respondent :- Kali Charan Yadav

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for petitioner.

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Specific prayer has been made through the instant petition that a direction be issued to the Principal Judge, Family Court, Basti to ensure hearing of Case No. 444/11 of 2022 (Jyotima Yadav Vs. Kumar Gaurav), under Section 125 Cr.P.C. expeditiously which has been preferred at the behest of petitioner.

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Learned counsel for petitioner submitted that application under Section 125 Cr.P.C. was filed by petitioner herself in the year 2022 itself but neither the same has been decided nor any interim maintenance has been granted by the court concerned till today, since there is a specific provision that proceedings of maintenance shall be decided within two months from the date of service of notice, otherwise the entire purposes of filing application under Section 125 Cr.P.C. shall be futile.

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Considering the arguments raised by learned for petitioner, learned Principal Judge, Family Court, Basti is hereby directed to consider the application under Section 125 Cr.P.C. preferred at the behest of petitioner and decide interim maintenance within a period of two months from the date of production of a certified copy of this order before it.

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In view of the aforesaid direction, the instant petition is disposed of.

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Order Date :- 23.11.2024 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Smt Jyotima Yadav and Another v. Kumar Gaurav

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Smt Jyotima Yadav and Another v. Kumar Gaurav

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