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2025 DAILYLAW 10618 (ALL)

SANNO PARVEEN AND 3 OTHERS v. SHARUKH KHAN

A227/777/2025 · 2025-02-10

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19241 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 777 of 2025 Petitioner :- Sanno Parveen And 3 Others Respondent :- Sharukh Khan Counsel for Petitioner :- Adarsh Shukla,Ashwani Kumar Singh,Devendra Singh Kushwaha Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for petitioner. 2. Present petition has been preferred with the following prayers:- "i. Issue an order or direction commanding and directing the Additional Principal Judge, Family Court, Maharajganj to decide the Maintenance Case no. 951 of 2022 (Sanno Parveen versus Sharukh Khan) under Section 125 Cr.P.C., as expeditiously as possible within stipulated time frame pending before him since 13.09.2022. ii. Issue an order or direction, directing the Additional Principal Judge, Family Court, Maharajganj to decide the Interim Maintenance Application dated 21.10.2024 as expeditiously as possible within stipulated time as per the mandate of the 3rd proviso to Section 125 Cr.P.C. pending before him since 13.09.2022." 3. Learned counsel for petitioner submitted that a maintenance case under Section 125 Cr.P.C. was filed by petitioner herself in the year 2022 itself but neither the same has been decided nor any interim maintenance has been granted by the court concerned till today, since there is a specific provision that proceedings of interim maintenance shall be decided within two months from the date of service of notice, otherwise the entire purposes of filing application under Section 125 Cr.P.C. shall be futile. 4. Considering the arguments raised by learned for petitioner, learned Additional Principal Judge, Family Court, Maharajganj is hereby directed to consider the application under Section 125 Cr.P.C. preferred at the behest of petitioner dated 21.10.2024 and decide interim maintenance within a period of two months from the date of production of a certified copy of this order before it. 5. In view of the aforesaid direction, the instant petition is disposed of. Order Date :- 10.2.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad