Dr Abhijeet Rai vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

Dr Abhijeet Rai vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with directions to the Principal Judge, Family Court, Robertsganj, Sonbhadra to expedite Misc. Case No. 567 of 2023 (under Section 125 Cr.P.C.) and decide it preferably within six months from the date of production of certified copy of this order, without granting adjournment to either party unless there is any other legal impediment.

Issue for consideration

Whether the Court should direct expeditious finalisation of the pending maintenance proceedings (Misc. Case No. 567 of 2023 under Section 125 Cr.P.C.) before the Principal Judge, Family Court, Robertsganj, Sonbhadra.

Court's answer

Without commenting on the merits of the case, the Court deemed it appropriate that the proceedings under Section 125 Cr.P.C. should be finalised.

Ratio / Principle

The Court directed the Principal Judge, Family Court, Robertsganj, Sonbhadra to expedite Misc. Case No. 567 of 2023 and decide it preferably within a period of six months from the date of production of certified copy of this order, without granting adjournment to either party unless there is any other legal impediment.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 84; Hon'ble Vipin Chandra Dixit, J.; order dated 8.1.2025) disposed of Application U/S 528 BNSS No. 391 of 2025 filed by Dr Abhijeet Rai seeking expeditious disposal of Misc. Case No. 567 of 2023 (Dr. Anumeha vs. Dr. Abhijeet Rai) under Section 125 Cr.P.C. (Police Station Robertsganj, District Sonbhadra) pending before the Principal Judge, Family Court, Robertsganj, Sonbhadra. Interim maintenance of Rs. 12,000/- per month had been granted in favour of opposite party no. 2 vide Family Court order dated 9.7.2024 and, per counsel, was being paid regularly while the applicant's objection remained unaddressed. Without commenting on the merits, the Court held that the Section 125 Cr.P.C. proceedings should be finalised and directed that they be concluded preferably within six months from the date of production of certified copy of the order, without granting adjournment to either party unless there is any other legal impediment.

Court No. - 84

Case :- APPLICATION U/S 528 BNSS No. - 391 of 2025

Applicant :- Dr Abhijeet Rai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Vipin Chandra Dixit,J.

Heard Sri Dinesh Kumar Singh, learned counsel for the applicant, learned AGA for the State and perused the record.

This application under Section 528 BNNS, 2023 has been filed on behalf of the applicant seeking expeditious disposal of Misc. Case No. 567 of 2023 (Dr. Anumeha Vs. Dr. Abhijeet Rai) under Section 125 Cr.P.C., Police Station - Robertsganj, District - Sonbhadra pending in the court Principal Judge, Family Court, Robertsganj, Sonbhadra.

It is submitted by counsel for the applicant that it is a matrimonial dispute between the parties. Opposite party no. 2 has filed an application under Section 125 Cr.P.C. on 19.12.2023 before Principal Judge, Family Court, Robertsganj, Sonbhadra. for seeking maintenance from the applicant.

Learned Family Court granted interim maintenance in favour of opposite party no. 2 vide order dated 9.7.2024 and the applicant was required to pay an amount of Rs. 12,000/- per month as interim maintenance to opposite party no. 2.

In view of the court's order, the applicant is regularly paying interim maintenance as awarded by the court. The applicant has also filed an objection to the application under Section 125 Cr.P.C., but since opposite party no. 2 is getting interim maintenance regularly, she is not interested in finalising the dispute and the proceedings. On account of delaying tactics adopted by opposite party no. 2, the case is pending since 2023.

Without commenting on merits of the case, we deem it appropriate that proceedings under Section 125 Cr.P./C. should be finalised. It is directed to the Principal Judge, Family Court, Robertsganj, Sonbhadra to expedite the proceedings of Misc. Case No. 567 of 2023 (Dr. Anumeha Vs. Dr. Abhijeet Rai) under Section 125 Cr.P.C., Police Station - Robertsganj, District -

Sonbhadra and decide it preferably within a period of six months from the date of production of certified copy of this order without granting any adjournment to either of the parties, unless there is any other legal impediment.

With the above directions, the application is disposed of.

Order Date :- 8.1.2025 S.K.S.

Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad