The High Court refused to quash maintenance proceedings pending before the Family Court, holding the Section 482 application premature as no maintenance order had been passed, while directing the Family Court to expedite the pending objections.
Application refused; direction to Family Court to decide pending objections expeditiously.
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Neutral Citation No. - 2024:AHC:187251
Court No. - 75
Case :- APPLICATION U/S 482 No. - 22781 of 2024 Applicant :- Sharad Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anup Kumar Pandey,Vikash Chandra Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
application under Section 125 Cr.P.C., which is pending before the Family Court concerned. There is no ground to quash the impugned proceedings. The applicant would have opportunity to put up his case before the Family Court concerned. Thus, prayer sought by applicant is refused. However, it was submitted on behalf of applicant that applicant has filed objections dated 02.05.2024 before the Family Court against the proceedings under Section 125 Cr.P. C. and the same have not been decided so far.
Order Date :- 28.11.2024 RKM
Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the maintenance proceedings under Section 125 Cr.P.C. are liable to be quashed at the pre-framing of issues stage on allegations of being baseless and an abuse of process?
2 provisions across 1 enactments
Sharad Kumar Singh
Raj Beer Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
