SHAHEEN BANO v. ADDITIONAL PRIN. JUDGE FAMILY COURT SULTANPUR AND ANOTHER
A227/2020/2025 · 2025-04-29
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132718 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132718 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 11 Case :- MATTERS UNDER ARTICLE 227 No. - 2020 of 2025 Petitioner :- Shaheen Bano Respondent :- Additional Prin. Judge Family Court Sultanpur And Another Counsel for Petitioner :- Nasreen Bano,Shyam Kinkar Pandey Hon'ble Rajnish Kumar,J. Supplementary affidavit filed by learned counsel for the petitioner is taken on record.
Learned counsel for the petitioner submits that the petitioner has filed the application under Section 125 Cr.P.C. in which interim maintenance has been fixed by means of the order dated 08.08.2024 in Criminal Misc. Application No. 607 of 2021; Shaheen Bano vs. Mohd. Irshad Khan. The interim maintenance is not being paid, therefore, the petitioner moved an application under Section 125 (3) Cr.P.c on 27.09.2024 but till date the case has not been disposed of and interim maintenance awarded by the First Additional Principal Judge, Family Court, Sultanpur, is not being paid to the petitioner, therefore, the petitioner is constrained to approach this Court and prays for a direction for payment of the maintenance in compliance of the order dated 08.08.2024. Having considered the submissions of learned counsel for the petitioner, this Court is of the view that no direction for payment of maintenance in compliance of the order dated 08.08.2024 passed in Criminal Misc. Application No. 607 of 2021 by the First Additional Principal Judge, Family Court, Sultanpur can be issued by this Court. Even otherwise the application for payment of maintenance under Section 125 (3) Cr.P.C. is pending before the court concerned and if the same is not disposed of, the petitioner can move an appropriate application for expeditious disposal of the application before the concerned court and concerned court may consider it looking that the interim maintenance fixed by the court itself and proceed accordingly. With the aforesaid, the petition is dismissed.
Order Date :- 29.4.2025 Raj Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench