Sachin Saxena Vs Additional Prin. Judge Family… — Maintenance and Alimony | Allahabad HC (2025)

Sachin Saxena Vs Additional Prin. Judge Family… — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to move an appropriate application for expeditious disposal of his application under Section 340/195 Cr.P.C.; if moved within one week, to be considered within two weeks thereafter; the Section 125 Cr.P.C. proceedings to continue uninhibited by this order.

Issue for consideration

Whether a direction should be issued to the Additional Principal Judge, Family Court to dispose of the petitioner's application under Section 340/195 Cr.P.C. within a stipulated period.

Court's answer

Without entering into the merits of the case, the petition is disposed of with liberty to the petitioner to move an appropriate application for expeditious disposal of the application under Section 340/195 Cr.P.C.

Ratio / Principle

If the petitioner moves such an application within one week, the court concerned shall consider it within two weeks thereafter and proceed accordingly as per law.

Key takeaways

The present order will not impede the proceedings under Section 125 Cr.P.C. in any manner, which shall continue in accordance with law.ratio¶12

Detailed headnote1 paragraphs

Petition under Article 227 (Matters Under Article 227 No. 2128 of 2025, Neutral Citation 2025:AHC-LKO:21896) filed by Sachin Saxena before the High Court of Judicature at Allahabad, Lucknow Bench, challenging the order dated 27.03.2025 passed by the Additional Principal Judge, Family Court No.1, Sitapur in Misc. Case No.1406 of 2022 under Section 125 Cr.P.C. (Smt. Shakti Srivastava Vs Sachin Saxena), and praying for a direction that his application under Section 340/195 Cr.P.C. be disposed of within a stipulated period. Counsel for the petitioner submitted that the first prayer (challenge to the 27.03.2025 order) would not be pressed. Notice to the respondents was dispensed with. Hon'ble Rajnish Kumar, J., without entering into the merits, disposed of the petition with liberty to the petitioner to move an appropriate application for expeditious disposal of the Section 340/195 Cr.P.C. application; if such application were moved within one week, it was to be considered within two weeks thereafter, with the court concerned to proceed accordingly as per law. It was expressly clarified that the order would not impede the ongoing Section 125 Cr.P.C. proceedings, which shall continue in accordance with law. Order dated 18.4.2025.

Neutral Citation No. - 2025:AHC-LKO:21896

Court No. - 11

Case :- MATTERS UNDER ARTICLE 227 No. - 2128 of 2025

Petitioner :- Sachin Saxena

Respondent :- Additional Prin. Judge Family Court, Court No. 1 Sitapur And Anothers Counsel for Petitioner :- Aman Kumar Shrivastav

Hon'ble Rajnish Kumar,J.

Heard, Shri Aman Kumar Srivastava, learned counsel for the petitioner.

This petition has been filed challenging the order dated 27.03.2025 passed in Misc. Case No.1406 of 2022, under Section 125 Cr.P.C. (Smt. Shakti Srivastava Vs Sachin Saxena), by the Additional Principal Judge, Family Court, Court No.1, District- Sitapur. It has further been prayed that Additional Principal Judge, Family Court may be directed to dispose of the application moved by the petitioner under Section 340/195 Cr.P.C. within stipulated period.

Learned counsel for the petitioner submits that the petitioner does not want to press the first prayer, which is in regard to challenge to the order dated 27.03.2025, therefore, this petition may be dismissed with respect to the said prayer. He further prays that a direction may be issued to the Additional Principal Judge, Family Court, to dispose of the application moved by the petitioner under Section 340/195 Cr.P.C. within a short stipulated period.

Considering the nature of the order proposed to be passed, the issuance of notice to the respondents is dispensed with.

Without entering into the merits of the case, the petition is

disposed of with liberty to the petitioner to move an appropriate application for expeditious disposal of the application under Section 340/195 Cr.P.C. In case any such application is moved within a period of one week from today, the same shall be considered within a period of two weeks thereafter and the court concerned shall proceed accordingly as per law. However, this order will not impede the proceedings under Section 125 Cr.P.C. in any manner, which shall continue in accordance with law.

...................................................................(Rajnish Kumar, J.)

Order Date :- 18.4.2025 Haseen U.

Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench