Neutral Citation No. - 2025:AHC:89269 Court No. - 87 Case :- APPLICATION U/S 482 No. - 43702 of 2024 Applicant :- Smt. Minakshi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Sunil Kumar Pathak, learned counsel for the applicants and Sri Shashi Dhar Pandey, learned AGA for the State and perused the record. 2. The applicants have challenged the orders dated 18-01-2023 passed by learned Principal Judge, Family Court, Muzaffar Nagar as well as order dated 15.10.2024 passed by the learned Principal Judge, Family Court, Muzaffarnagar, whereby the restoration application filed along with an application under Section 5 of the Limitation Act in Case No. 431 of 2019 (Smt. Meenakshi vs. Sachin Kumar), was rejected on the ground of delay. 3. It is contended on behalf of the applicants that the application under Section 125 Cr.P.C. was dismissed for want of prosecution on 18.01.2023 solely due to the applicant’s inability to pursue the matter, caused by lack of communication from her local counsel. Upon learning about the dismissal, the applicant filed the restoration application on 07.07.2023, along with an application under Section 5 of the Limitation Act, explaining the circumstances leading to the delay. The learned Family Court, however, did not consider the bonafide nature of the delay and rejected the application mechanically without examining the merits of the original maintenance claim. 4. Considering the facts and circumstances of the case, and in the interest of justice, this Court is of the view that the matter deserves to be reconsidered on merits. Accordingly, the order dated 15.10.2024 passed by the Principal Judge, Family Court, Muzaffarnagar is hereby set aside. The matter is remanded back to the Family Court with the direction to restore Case No. 431 of 2019 (Smt. Meenakshi vs. Sachin Kumar) to its original number and proceed to decide the application under Section 125 Cr.P.C. afresh on merits, in accordance with law, without being influenced by the delay in filing the restoration application. 5. It is made clear that the Family Court shall afford reasonable opportunity to both parties to present their case and shall all possible endeavour to conclude the proceedings expeditiously. 6. The application under Section 482 Cr.P.C. stands disposed of accordingly. Order Date :- 26.5.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad