The High Court directed the Principal Judge, Family Court, Gorakhpur to decide the pending application under Section 125 Cr.P.C. within four months, noting the applicant's financial crisis and the husband's neglect.
Family Court directed to decide the Section 125 Cr.P.C. application within four months.
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Neutral Citation No. - 2024:AHC:144297
Court No. - 82
Case :- APPLICATION U/S 482 No. - 28669 of 2024
Applicant :- Rijha And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Prabodh Dubey Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the material on record.
This application has been filed with a prayer to allow the present application and direct the Court of Principal Judge Family Court, Gorakhpur, District Gorakhpur to conclude the pending proceeding of Case No. 1278 of 2023 (Rijha Devi Vs. Kishan Lal), filed under Section 125 of Cr.P.C., Police Station Shahpur, District Gorakhpur pending in the Court of Principal Judge, Family Court, Gorakhpur expeditiously within stipulated period.
It is submitted by learned counsel for the applicants that in this case applicant no. 1 is wife of opposite party no. 2 and applicant nos. 2 and 3 are minor children. Opposite party no. 2 is Executive Engineer in P.W.D. The opposite party no. 2 neglected maintenance of his wife and children and applicants were ousted from matrimonial house that was the reason she started living with her parents with children. An application under Section 125 Cr.P.C. was filed in the year 2023 before the learned Family Court on 30.11.2023 that is still pending and no necessary steps has been taken by the learned court concerned for deciding the aforesaid application though the opposite party no. 2 is also not appearing before the learned court even after service of notice as shown in the order sheet. It is also submitted that the applicant no. 1 with her children applicant nos. 2 and 3 those are minor facing the financial crisis and is unable to maintain herself with the children, therefore, request to direct the learned Family Court concerned to decide the application under Section 125 Cr.P.C. within stipulated period of time.
Learned A.G.A. has no objection in this regard.
On considering the submissions made by learned counsel for the
applicants as well as learned A.G.A. and perusal of record and the order sheet as annexed, it appears that application under Section 125 Cr.P.C.is pending before the learned Principal Judge, Family Court, Gorakhpur from 01.12.2023 and it has not been decided till now. The applicant wife is living with her minor children and facing financial crisis and opposite party no. 2 being Executive Engineer in P.W.D. is neglecting her for maintenance. The learned court concerned is directed to decide the application under Section 125 Cr.P.C. within a period of four months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties.
Accordingly, this application is disposed of finally.
Order Date :- 5.9.2024 Suraj Srivastav
Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Should the Family Court be directed to decide the pending maintenance application expeditiously?
1 provisions across 1 enactments
Rijha And 2 Others
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
