KALIMUNNISHA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A227/16221/2024 · 2025-01-21
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 112762 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 112762 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:12044 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 16221 of 2024 Petitioner :- Kalimunnisha And 4 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Anand Mani Tripathi,Satya Prakash Mishra,Shatrughan Jee Pandey Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for petitioners and Sri Rajkumar Singh
learned counsel for respondent no.2.
2. Specific prayer has been made through the instant petition that a direction be issued to the learned Additional Principal Judge, Family Court, Basti to decide Case No.435/11/2021 (Kalimunnisha and others Vs. Sahabuddin), under Section 125 Cr.P.C. expeditiously which has been preferred at the behest of petitioners.
3. Learned counsel for petitioners submitted that application under Section 125 Cr.P.C. was filed by petitioners in the year 2021 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 innocuous prayer made by learned for petitioners, learned Additional Principal Judge, Family Court, Basti is hereby directed to consider the application under Section 125 Cr.P.C. preferred at the behest of petitioners 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 :- 21.1.2025/Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad