Disposed¶19

Sarvar Jahan v. Mujeeb Ahmad and 3 Others

Allahabad HC2 Jul 2025A227/2837/2025

Case brief

AI extract

What is this about?

Section 125 Cr.P.C. maintenance; Article 227 writ petition; Family Court Sultanpur; Crl. Misc. Case No. 394 of 2021 dated 26.03.2021; delay in deciding maintenance application; interim maintenance order 23.09.2024 unpaid; cross-examination of P.W.-1/A.W. 1 pending since 07.12.2024; report dated 13.06.2025; interim maintenance order 19.04.2025; monthly maintenance being received; judgment reserved, expected 03.07.2025; writ petition finally disposed of as purpose fulfilled; Manish Kumar, J.; High Court of Judicature at Allahabad, Lucknow Bench; order date 2.7.2025.

What did the court decide?

No substantive direction issued; the writ petition was finally disposed of as its purpose (early disposal of the Section 125 Cr.P.C. application) stood fulfilled, with the final judgment expected on 03.07.2025. ¶19

Sarvar Jahan Vs Mujeeb Ahmad and 3 Others — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether a direction should issue to the Principal Judge, Family Court, District Sultanpur to decide the pending application under Section 125 Cr.P.C. (Crl. Misc. Case No. 394 of 2021, dated 26.03.2021) within a stipulated period.

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Court's answer

Since the purpose for which the writ petition was preferred — early disposal of the application under Section 125 Cr.P.C. — had already been fulfilled (cross-examination concluded, interim maintenance being paid monthly, final judgment expected on 03.07.2025), the writ petition stands finally disposed of.

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Ratio / Principle

The Court recorded that the purpose of the petition for early disposal of the Section 125 Cr.P.C. application had already been fulfilled, as the cross-examination of A.W. 1 was concluded, an interim maintenance order dated 19.04.2025 had been passed with monthly payments flowing, and the final judgment was expected on 03.07.2025.

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Detailed headnote1 paragraphs

Writ petition (MATTERS UNDER ARTICLE 227 No. 2837 of 2025) by Sarvar Jahan sought a direction to the Principal Judge, Family Court, Sultanpur to decide her application under Section 125 Cr.P.C. (Crl. Misc. Case No. 394 of 2021, dated 26.03.2021) within a stipulated period. Interim maintenance had been fixed only on 23.09.2024, about three years after filing, and remained unpaid; cross-examination of P.W.-1/A.W. 1 was pending since 07.12.2024 despite the parties remaining present on every date. By order dated 14.05.2025 the High Court (Manish Kumar, J.) called for a report through the Principal Judge, Sultanpur. The report dated 13.06.2025 showed the cross-examination of A.W. 1 concluded and an order for interim maintenance passed on 19.04.2025, with maintenance being received monthly. Counsel fairly conceded the judgment was reserved and expected on 03.07.2025. Holding the purpose of the petition fulfilled, the Court finally disposed of the writ petition (order dated 2.7.2025).

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Neutral Citation No. - 2025:AHC-LKO:37199

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Court No. - 27

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Case :- MATTERS UNDER ARTICLE 227 No. - 2837 of 2025

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Petitioner :- Sarvar Jahan Respondent :- Mujeeb Ahmad And 3 Others Counsel for Petitioner :- Rakesh Kumar Yadav

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Hon'ble Manish Kumar,J.

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The present writ petition has been preferred with the following prayer:-

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"a) To issue an order or direction directing to the Principal Judge, Family Court, District - Sultanpur to decide the application under Section 125 Cr.P.C., Crl. Misc. Case No. 394 of 2021 (Sarvar Jahan & Others vs. Mujeeb Ahmad), dated 26.03.2021, which is pending before the Principal Judge, Family Court, District Sultanpur since 26.03.2021, within a stipulated period as possible in the interest of justice."

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This Court has passed an order on 14.05.2025. For convenience, the same is quoted hereinbelow:-

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"Learned counsel for the petitioner submits that the petitioner has filed an application under Section 125 Cr.P.C. bearing Misc. Criminal Case No. 394 of 2021 (Sarvar Jahan Vs. Mujeeb Ahmad) which is pending in the court of Ist Additional Principal Judge, Family Court, Sultanpur. The interim maintenance has been fixed after about three years by means of the order dated 23.09.2024 but the same has not been paid to the petitioner. He further submits that the case is being fixed for crossexamination of P.W.-1 since 07.12.2024 but despite several dates and the presence of the parties, the same has not been recorded and now case is fixed on 22.05.2025 on the same stage.

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In view of the above, let the report be called from the concerned Family Court through the Principal Judge, Sultanpur, by the Senior Registrar of this Court as to why the cross-examination has not been recorded whereas the parties appears to have remained present since 07.12.2024 on each and every date and how much more time will it take to decide the application.

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The report shall be called before the next date.

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List in the first week of July, as fresh."

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In compliance of the earlier order of this Court dated 14.05.2025, the report dated 13.06.2025 has been submitted by the Ist Additional Principal Judge, Family Court, Sultanpur intimating therein that the crossexamination of A.W. 1 is going on.

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At this stage, learned counsel for the petitioner has very fairly submitted that the same has already been concluded.

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It is further intimated in the report that on 19.04.2025, after the cross examination of A.W. 1, an order for interim maintenance has been passed and the petitioner is getting maintenance each and every month and the dates of

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payment have also been indicated in the report.

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The said fact has not been disputed by the learned counsel for the petitioner and has very fairly submitted that the judgment is reserved and it is proposed/expected to be delivered tomorrow i.e. 03.07.2025 meaning hereby, the purpose for which the present writ petition has been preferred for early disposal of application under Section 125 Cr.P.C. has already been fulfilled.

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Learned counsel for the petitioner has further submitted that it is expected that the judgment/final order will be passed by tomorrow i.e. 03.07.2025, which is fixed by the court for passing of the final order/judgment, by which the application under Section 125 Cr.P.C. is going to be decided finally as such the present writ petition may be disposed of.

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In view of above, the present writ petition stands finally disposed of.

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Order Date :- 2.7.2025 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Sarvar Jahan v. Mujeeb Ahmad and 3 Others

Case brief

What is this about?

What did the court decide?

Sarvar Jahan v. Mujeeb Ahmad and 3 Others

Case brief

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