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2025 DAILYLAW 111545 (ALL)

SMT REETA KATHERIA v. RAJ KAMAL KATHERIA

NA529/2531/2024 · 2025-02-05

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17233 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 2531 of 2024 Applicant :- Smt Reeta Katheria Opposite Party :- Raj Kamal Katheria Counsel for Applicant :- Ram Kumar Pal Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the learned trial court to decide the Case No. 2191 of 2022, under Section 125 (3) Cr.P.C. (Smt. Reeta Katheria Vs. Rajkamal Katheria), pending before the learned Additional Family Judge, Court No. 2, Kanpur Nagar, expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the case under Section 125(3) Cr.P.C. is pending since the year 2022 before the Family Court against the opposite party-husband and he is willing to pay the maintenance allowance to the applicant-wife. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. Applicant before the Court is in dire need of maintenance allowance and is also facing hardship and difficulties in her daily life but the learned trial court has not decided the application under section 125(3) Cr.P.C. 7. In the facts and circumstances of the case, the learned trial court is directed to decide the Case No. 2191 of 2022, under Section 125 (3) Cr.P.C. (Smt. Reeta Katheria Vs. Rajkamal Katheria) within a period of six months from the date of production of certified copy of this order before it, if there is no legal impediment. 8. It is also made clear that the Court/Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, parties to the case, staff are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 9. With the above observations, the application stands disposed of. Order Date :- 6.2.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad