PUSHPA MAURYA v. LEARNED PRINCIPAL JUDGE, FAMILY COURT III SULTANPUR AND ANOTHER
A227/159/2025 · 2025-01-16
Mohd Faiz Alam Khan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117165 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117165 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2594 Court No. - 14 Case :- MATTERS UNDER ARTICLE 227 No. - 159 of 2025 Petitioner :- Pushpa Maurya Respondent :- Learned Principal Judge, Family Court Iii Sultanpur And Another Counsel for Petitioner :- Pramod Kumar Hon'ble Mohd. Faiz Alam Khan,J.
1. Heard learned counsel for the petitioner and perused the record. 2. The instant writ petition under Article 227 of the Constitution of India has been filed with the following prayers:-
"i. Issue a suitable order or direction commanding the Learned Principal Judge, Family Court-III, Sultanpur to decide the application under section 125 Cr.P.C. bearing Criminal Miscellaneous Case No.749/2021 'Pushpa Maurya Vs. Nagendra Maurya' expeditiously within such period as may be stipulated by this Hon'ble Court in the interest f justice. ii. Any other relief................ iii. Allow the petition..........."
3. Learned counsel for the petitioner submits that grievance of the petitioner is that her application moved under Section 125 CrPC is pending before the Principal Judge, Family Court-III, Sultanpur for the last more than three years and the same has not been disposed of and also that the respondent no. 2 is applying all kinds of tactics to delay the said proceeding, thus, a direction may be issued for expeditious disposal of the case, pending before the Family Court. 4. I have perused the record in the background of submissions advanced by learned counsel for the petitioner from which it is evident that an application was moved by the petitioner/applicant before the Principal Judge, Family Court, Sultanpur under Section 125 CrPC in the year 2021. It is also evident that the respondent no. 2 has also appeared and is contesting the proceedings, however, written statement could only be filed by him in the year 2023, while the affidavit, pertaining to chief examination, was filed by the petitioner/applicant in the year 2021 itself. 5. Thus, having regard to all the facts and circumstances of the case
and keeping in view the order intended to be passed in these proceedings service of notice upon respondent no. 2 is hereby dispensed with as any order with regard to early disposal of the said case would not run against his interest and the instant petition is finally disposed of with a direction to the Family Court to decide the case expeditiously, without granting easy adjournments to either parties, strictly in accordance with law.
Order Date :- 16.1.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench