The Allahabad High Court allowed a writ petition under Article 227 of the Constitution directing the Family Court Lucknow to decide the pending maintenance petition within four months.
Direction to the trial court to decide the pending maintenance case within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:16910
Court No. - 16
Case :- MATTERS UNDER ARTICLE 227 No. - 932 of 2024 Petitioner :- Anu Srivastava Respondent :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko And Another Counsel for Petitioner :- Mohammad Aziz Mansuri Counsel for Respondent :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Mohammad Aziz Mansuri, learned counsel for the petitioner as well as Sri Hari Shanker Bajpai, learned A.G.A.-I 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 learned Additional Principal Judge, 07, Family Court, Lucknow to decide the pending Case No.1652 of 2022, under Section 125 Cr.P.C. alongwith interim maintenance application pending since 04.11.2022 expeditiously.
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.
Learned A.G.A.-I 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.
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.
With the aforesaid observation, the petition is disposed of finally.
Order Date :- 26.2.2024
Saurabh
Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether a direction be issued to the trial court to decide the pending Section 125 Cr.P.C. case expeditiously.
2 provisions across 2 enactments
Anu Srivastava
State Of U.P
Shamim Ahmed
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
