Disposed

Smt Alka Rani v. State of U.P. and Another

Allahabad HC1 Aug 2024A482/23734/2024

Case brief

AI extract

What is this about?

Wife sought High Court direction to expedite her pending maintenance application before the Family Court, Rampur. A court report showed an incomplete affidavit, no interim-maintenance application, though interim maintenance of Rs.2,000 per month had been awarded. Finding no substance in the applicant's arguments, the Court disposed of the application with liberty to approach the Family Court for t

What did the court decide?

None granted; applicant given liberty to approach the Family Court for timely realization of maintenance amount.

Smt Alka Rani vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:147242

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 23734 of 2024

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Applicant :- Smt Alka Rani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suneel Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State-respondent, and perused the record.

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The instant application has been preferred seeking direction to the learned Principal Judge, Family Court, Rampur to expedite the proceedings of Case No.681 of 2023 titled as Smt. Alka Rani v. Nitin Kumar, under section 125 Cr.P.C., Police Station Azeemnagar, District Rampur, within a stipulated period.

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Learned counsel for the applicant submits that the applicant is wife of opposite party no.2 and is living in her parental home; she has no source of income for her survival and she is fully dependent upon her parents; the applicant has moved the aforesaid maintenance application before the Family Court, which is still pending disposal since long.

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On 1.8.2024, a report was sought from learned Principal Judge, Family Court, Rampur as to why the application under section 125 Cr.P.C. has not been decided as the same is pending since 23.11.2023, despite several guidelines issued by the Supreme Court and this Court as well, in this regard.

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On perusal of the report, it reflects that the applicant filed the affidavit in the format of Rajnesh v. Neha and another (2021) 2 SCC 324 , but she has not filed any application seeking interim maintenance. The affidavit annexed along with the petition is also incomplete and the desired information was not furnished to the court, even though the interim maintenance of Rs.2000/- per month has been awarded to the applicant by the Family Court.

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In the given background, this Court finds no substances in the arguments of learned counsel for the applicant, therefore, the prayer made in the instant petition is hereby refused.

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Accordingly, the instant application is disposed of with the liberty to the applicant to approach the Family Court for timely realization of maintenance amount.

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Order Date :- 9.9.2024 Anil K. Sharma

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Justice Vinod Diwakar

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Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Smt Alka Rani v. State of U.P. and Another

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Smt Alka Rani v. State of U.P. and Another

Case brief

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