Smt. Shivani Kaushik vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

Smt. Shivani Kaushik vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction issued to the Principal Judge, Family Court, Ghaziabad to decide Case No. 570 of 2024 (Smt. Shivani Kaushik Vs. Mukul Sharma) under Section 125 Cr.P.C. expeditiously, preferably within six months from production of the certified copy of the order, without granting unnecessary or long adjournments to either party unless there is any legal impediment; the application was disposed of finally with no opinion expressed on the merits.

Issue for consideration

Whether the Court should direct the Principal Judge, Family Court, Ghaziabad to decide Case No. 570 of 2024 (applicant's Section 125 Cr.P.C. maintenance claim, including the undecided interim-maintenance application) expeditiously within a stipulated period.

Court's answer

Without expressing any opinion on the merits of the case, the Court finally disposed of the Section 482 Cr.P.C. application with a direction to the Principal Judge, Family Court, Ghaziabad to decide Case No. 570 of 2024 expeditiously in accordance with law.

Ratio / Principle

The Family Court was directed to decide the case preferably within six months from the date of production of the certified copy of the order, without granting any unnecessary or long adjournments to either of the parties unless there is a legal impediment.

Detailed headnote1 paragraphs

Allahabad High Court (Vipin Chandra Dixit, J.) — Application U/S 482 No. 38875 of 2024, decided 2.1.2025 (Neutral Citation 2025:AHC:499). Smt. Shivani Kaushik, who had filed a Section 125 Cr.P.C. maintenance application on 13.06.2024 against opposite party no.2 claiming Rs. 1,00,000/- and an undecided interim-maintenance request in Case No. 570 of 2024 before the Family Court, Ghaziabad, sought a direction for speedy disposal, alleging delaying tactics by the opposite party despite his appearance. Without expressing any opinion on the merits, the Court disposed of the application, directing the Principal Judge, Family Court, Ghaziabad to decide the case expeditiously in accordance with law, preferably within six months from the date of production of the certified copy of the order, without granting unnecessary or long adjournments to either party unless there is any legal impediment.

Neutral Citation No. - 2025:AHC:499

Court No. - 73 Case :- APPLICATION U/S 482 No. - 38875 of 2024 Applicant :- Smt. Shivani Kaushik Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Dubey,Santosh Kumar Dubey Counsel for Opposite Party :- G.A.

Hon'ble Vipin Chandra Dixit,J.

Heard Sri Santosh Kumar Dubey, learned counsel for the applicant and learned A.G.A. for the State and perused material on record.

The present application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to issue a direction to the learned Principal Judge, Family Court, Ghaziabad to decide the Case No. 570 of 2024 (Smt. Shivani Kaushik Vs. Mukul Sharma) under Section 125 Cr.P.C. Police Station- Kavi Nagar, DistrictGhaziabad within stipulated period.

It is submitted by learned counsel for the applicant that the applicant has filed an application under Section 125 Cr.P.C. against opposite party no.2 claiming maintenance @ Rs. 1,00,000/- on 13.06.2024. The applicant has also moved an application for interim maintenance. Opposite party no.2 has put in appearance before the learned Family Court but on account of delaying tactics adopted by him, the case could not be proceeded and till date even application for interim maintenance has not been decided by the learned Family Court.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the Principal Judge, Family Court, Ghaziabad to decide the aforesaid case expeditiously in accordance with law, preferably within a period of six months from the date of production of the certified copy of this order , without granting any unnecessary or long adjournments to either of the parties, unless there is any legal impediment.

With the aforesaid directions, the application stands disposed of finally.

Order Date :- 2.1.2025 Virendra

Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad