MRS. RUCHI KAPOOR AND ANOTHER v. ADDL. PRINCIPAL JUDGE COURT NO. 7, FAMILY COURT LUCKNOW AND ANOTHER
A227/122/2025 · 2025-01-15
Mohd Faiz Alam Khan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115895 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115895 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:2437 Court No. - 14 Case :- MATTERS UNDER ARTICLE 227 No. - 122 of 2025 Petitioner :- Mrs. Ruchi Kapoor And Another Respondent :- Addl. Principal Judge Court No. 7, Family Court Lucknow And Another Counsel for Petitioner :- Devarshi Mishra,Akriti Agarwal,Ayush Tandon Hon'ble Mohd. Faiz Alam Khan,J.
1. Heard learned counsel for the petitioners and perused the record.
2. The instant petition under Article 227 of the Constitution of India has been filed by the petitioners, namely, Mrs. Ruchi Kapoor and Samarth Kapoor with the following prayers:-
" (i) Issue an order or direction thereby directing that application for interim maintenance bearing no. GA-4 filed in case no. 601 of 2022 in re: Ruchi Kapoor v. Puneet Kapoor be decided in an expeditious manner within a fixed reasonable time frame; (ii) Issue an order or direction thereby directing that case no. 601 of 2022 currently pending before the Additional Principal Judge, Family Court, Lucknow be decided in an expeditious manner within a fixed reasonable time frame."
3. Learned counsel for the petitioners submits that the respondent no.2 is delaying the disposal of the application moved by the petitioners before the Additional Principal Judge, Family Court, Lucknow and adopting all grounds of delaying tactics.
4. It is further submitted that earlier adjournments on frivolous grounds were sought by the respondent no.2/opposite party which was allowed by the trial court subject to the payment of heavy costs and thereafter the matter was directed to be proceeded ex parte. However, on an application moved by the respondent no.2/opposite party vide order dated 11.12.2024 the
order to proceed ex parte was recalled and the date 18th January, 2025 was fixed for filing of written statements/objections.
5. It is vehemently submitted that directions be issued to the
trial court to dispose of the case pending before it in a time bound manner with utmost expedition.
6. It appears evidently that some applications were moved by the respondent no.2/opposite party for adjournment which were allowed by the trial court subject to the payment of some cost and thereafter the matter was directed to be proceeded ex parte, however, on an application moved by the respondent no.2/opposite party, the order of proceeding ex parte was recalled on 11.12.2024 and an opportunity was provided to the respondent no.2/opposite party to file written statements/objections and the date was fixed for 18.01.2025. Though, the petition appears to be per-mature. However, the petitioner is a lady who appears to be the wife of the respondent no.2/opposite party, may not be denied of her rights to get the application moved by her under Section 125 of the Cr.P.C.
disposed of with utmost expedition including any application which have been given for grant of interim maintenance.
7. Thus, having regard to all the facts and circumstances of the case and the order intended to be passed, the service of notice on respondent no.2 is hereby dispensed with as any order for expeditious disposal of the case may not run against him and the petition is finally disposed of with the direction to the Additional Principal Judge, Family Court, Lucknow to make all out of endeavours/efforts to dispose of the above mentioned case with utmost expedition after providing an opportunity of being heard to the parties, strictly in accordance with law, if there is no legal impediment.
Order Date :- 15.1.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench