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2025 DAILYLAW 113187 (ALL)

SMT. SUSHILA DEVI AND ANOTHER v. RAKESH KUMAR BIND

A227/16196/2024 · 2025-01-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11998 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 16196 of 2024 Petitioner :- Smt. Sushila Devi And Another Respondent :- Rakesh Kumar Bind Counsel for Petitioner :- Ashutosh Kumar Gupta,Laxmi Shankar Yadav Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for petitioners. 2. Specific prayer has been made through the instant petition that a direction be issued to the learned Principal Judge, Family Court, Jaunpur to decide Case No.1981 of 2021 (Sushila Devi and another Vs. Rakesh Kumar Bind), under Section 128 Cr.P.C., expeditiously. 3. Learned counsel for petitioner submitted that earlier, petitioners preferred case under Section 125 Cr.P.C. whereupon learned court directed the respondent to pay Rs.5,500/- per month as maintenance to the petitioners vide order dated 12.10.2021. In pursuance of the said order, respondent did not pay any single penny to petitioners which compelled them to prefer present case under Section 128 Cr.P.C. which is still pending to be decided by learned Principal Judge, Family Court, Jaunpur since 2021 and as such, appropriate direction may be issued to the court concerned to decide the said case expeditiously. 4. Considering the innocuous prayer made by learned for petitioners, process of issuing notices to respondent is hereby dispensed with and at the same time, learned Principal Judge, Family Court, Jaunpur is hereby directed to decide Case No.1981 of 2021 (Sushila Devi and another Vs. Rakesh Kumar Bind), under Section 128 Cr.P.C. without granting any unnecessary adjournment to either of the parties but after giving full opportunity of hearing to both sides, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment. 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