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2025 DAILYLAW 109416 (ALL)

SAROJ CHAURASIYA v. State of U.P. AND ANOTHER

A227/15158/2024 · 2025-03-09

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34938 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 15158 of 2024 Petitioner :- Saroj Chaurasiya Respondent :- State of U.P. and Another Counsel for Petitioner :- Dinesh Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for petitioner. 2. Specific prayer has been made through the instant petition that a direction be issued to the Principal Judge, Family Court, Room No.1, Maharajganj to decide Case No.1130 of 2020 (Saroj Chaurasiya Vs. Sudama @ Bansi), under Section 125 Cr.P.C. expeditiously which has been preferred at the behest of petitioner. 3. Learned counsel for petitioner submitted that application under Section 125 Cr.P.C. was filed by petitioner herself in the year 2020 itself but neither the same has been decided not any interim maintenance has been granted by the court concerned till today, since there is a specific provision that proceedings of 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 Principal Judge, Family Court, Room No.1, Maharajganj is hereby directed to consider the application under Section 125 Cr.P.C. preferred at the behest of petitioner 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. However, it is made clear that prayer of petitioner for final adjudication of application under Section 125 Cr.P.C., shall be open to raise at relevant time in future. 6. In view of the aforesaid direction, the instant petition is disposed of. Order Date :- 10.3.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad