Disposed

Raja Sonkar v. State of U.P.Thru. Prin. Secy. Home Investigation Deptt. Civil Sectt. Lko. and Another

Allahabad HC22 Apr 2026A482/3122/2026

Case brief

AI extract

What is this about?

Maintenance proceeding under Section 125 CrPC pending since 2015; the Family Court closed the applicant's opportunity to lead defence when he failed to appear. The High Court allowed him one chance to deposit updated arrears of interim maintenance within two months and appear to give evidence on 01.07.2026, directing expeditious conclusion of proceedings.

What did the court decide?

Applicant permitted to deposit arrears within two months and lead defence evidence on 01.07.2026; Family Court directed to adjourn and then conclude proceedings expeditiously.

Raja Sonkar vs State of U.P.Thru. Prin. Secy. Home… — Maintenance and Alimony | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 3122 of 2026

Raja Sonkar

.....Applicant(s)

Versus

State Of U.P.Thru. Prin. Secy. Home Investigation Deptt. Civil Sectt. Lko. And Another .....Opposite Party(s)

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Counsel for Applicant(s) : Sheo Prakash Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 15

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HON'BLE BRIJ RAJ SINGH, J.

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Supplementary affidavit filed today is taken on record.

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In view of order proposed to be passed, notice to the opposite party no.2 is dispensed with.

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Heard Shri Sheo Prakash Singh, learned counsel for the applicant and Shri Vivek Shukla, learned A.G.A. for the State.

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The applicant has challenged the impugned order dated 06.03.2026 passed by Additional Principal Judge, Family Court No.04, Lucknow (in short "Family Court") in Case No. 1388 of 2015, per which the opportunity of leading the defense has been closed.

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Shri Sheo Prakash Singh, learned counsel for the applicant has submitted that the opposite party no.2 instituted a suit for grant of maintenance under Section 125 CrPC in the year 2015, in which interim maintenance has been granted by the Family Court in favour of her, who is wife of the applicant.

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He has further submitted that the applicant is bed-ridden and suffering from diabetes, therefore, he could not appear before the Family Court on 06.03.2026 and on that date, opportunity of leading the defense has been closed.

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He has prayed that the applicant be given an opportunity to lead the defense before the Family Court, else the applicant will suffer irreparable

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A482 No. 3122 of 2026

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loss. He is ready to deposit updated arrears of interim maintenance in favour of the opposite party no.2, within a period of two months.

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Considering the aforesaid submissions, the applicant is directed to deposit the updated arrears of interim maintenance, within a period of two months from today. In case, the applicant complies with this order and deposits the updated arrears of interim maintenance, he will appear before the Family Court on 01.07.2026 and will give his evidence, thereafter, the Family Court will proceed in the case, in accordance with law. The Family Court is directed to adjourn the proceedings till then.

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If the applicant does not comply with the order, the Family Court will proceed in the case by taking into account its order dated 06.06.2026. Considering the pendency of the proceedings under Section 125 CrPC since 2015 as also the judgment of Hon'ble Apex Court rendered in Anju Garg and another vs. Deepak Kumar Garg reported in 2022 SCC OnLine SC 1314 , the Family Court is directed to conclude the proceedings, expeditiously, without granting unnecessary adjournment to the parties.

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With the aforesaid directions/observations, the application stands disposed of.

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It is made clear that no application for extension of time will be entertained.

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(Brij Raj Singh,J.)

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April 22, 2026 Mohit Singh/-

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

Raja Sonkar v. State of U.P.Thru. Prin. Secy. Home Investigation Deptt. Civil Sectt. Lko. and Another

Case brief

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Raja Sonkar v. State of U.P.Thru. Prin. Secy. Home Investigation Deptt. Civil Sectt. Lko. and Another

Case brief

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What did the court decide?

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