Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:10316 Court No. - 13 Case :- MATTERS UNDER ARTICLE 227 No. - 859 of 2025 Petitioner :- Smt. Tanveer Bano Respondent :- Sri Taj Miyan Counsel for Petitioner :- Sachin Shukla,Ritu Maurya,Sharad Kumar Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the petitioner.
2. The present petition is filed with the following prayer :- Issue an order or direction in the appropriate nature commanding the learned Family Court, i.e., Additional Principal Judge, Court No.1, Family Court, Lucknow to decide the Criminal Case No.403/2024, Smt. Tanveer Bano Vs. Taj Miyan, under Section 125 Cr.P.C., pending before it.
3. Learned counsel for the petitioner submits that application under Section 125 Cr.P.C. is pending since 5.3.2024, however, opposite party vide order dated 16.12.2024 was ordered for interim maintenance but till date, no interim maintenance has been paid to the petitioner. He also submits that as the opposite party is not filing written
submissions in the aforesaid application, therefore, learned court below may be directed to expedite the proceeding under Section 125 Cr.P.C.
4. It is evident from the record as well as submission of learned counsel for the petitioner that application under Section 125 Cr.P.C. was filed on 5.3.2024, thereafter, notice was issued and interim maintenance was ordered on 16.12.2024 but in place of moving application before the court below for expedite disposal of the said application as well as execution of the order passed for interim maintenance, petitioner filed present petition,
therefore,
present
petition
is misconceived and accordingly same is hereby, dismissed.
5. However, petitioner is at liberty to move an application before the court below for expedite disposal of the application under Section 125 Cr.P.C. In case, any application is moved, learned
court below is directed to decide the same in accordance with the law.
Order Date :- 18.2.2025 Gaurav/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench