PARTHIVI RAMENDRA VISHWAKARMA AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME, LKO. AND ANOTHER
A227/390/2025 · 2025-01-28
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116480 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116480 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5409 Court No. - 14 Case :- MATTERS UNDER ARTICLE 227 No. - 390 of 2025 Petitioner :- Parthivi Ramendra Vishwakarma And 2 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home, Lko. And Another Counsel for Petitioner :- Rakesh Kumar Agarwal,Saksham Agarwal Counsel for Respondent :- C.S.C. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the petitioners as well as learned A.G.A. The present petition has been moved with prayer to direct learned Additional Principal Judge-VII, Family Court, Lucknow to decide and dispose off Case No.1687 of 2024 captioned as Parthivi Ramendra Vishwakarma & others vs. Ramendra Vishwakarma filed u/s 144 of Bhartiya Nagrik Suraksha Sanhita, 2023 as expeditiously as possible preferably within 6 months as well as to direct the Additional Principal Judge-VII, Family Court, Lucknow to decide and dispose off application for interim relief preferably within 2 months. It is submitted that the petitioners are daughters and minor son of respondent no.2 who is Income Tax Commissioiner, Lucknow even though he is not maintaining the petitioners regarding which an application u/s 125 Cr.P.C. was filed before the Principal Judge, Family Court, Lucknow registered as Case No.1687 of 2024 with which an application for interim maintenance was also filed which is still pending and has not been disposed of till now. Further submitted that the petitioners are suffering and are unable to maintain themselves, therefore, requests to direct the learned court concerned to expedite the proceedings of the case within stipulated period of time. Learned A.G.A. has no objection in this regard. Considering the facts and circumstances of the case,
submissions made by learned counsel for the petitioners as well as learned A.G.A. and perusal of record, it appears that an application u/s 125 Cr.P.C. is pending before the Family Court and an application for interim maintenance given with that application is also pending and has not been disposed till now, therefore, it is expedient to direct the learned court concerned to
decide the application for interim maintenance within a period of 60 days from today and the application u/s 125 Cr.P.C. as expeditiously as possible, in accordance with law. Accordingly, this petition is disposed of finally.
Order Date :- 28.1.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench