MADHURI KUSHWAHA AND ANOTHER v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER
A483/315/2025 · 2025-04-28
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133681 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133681 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24181 Court No. - 14 Case :- APPLICATION U/S 483 No. - 315 of 2025 Applicant :- Madhuri Kushwaha And Another Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Pashupati Nath Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard. 2. The present application under Section 483 Cr.P.C. has been filed with the following prayers :
"Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to dired the learned court below 1, e. Additional principal Judge, Family court first, Rae Bareli to decide the application dated 24.10.2024, pending in maintenance case no.53/2023, Madhuri Kushwaha Vs. Ashok Kumar Kushwaha under section 125 .P.C. as contained in Annexure no. 1 to the application expeditiously within the stipulated time as provided by this Hon'ble court in the interest of justice."
3. Learned counsel for the applicants has submitted that the deponent is the father of Applicant No.1 and maternal grand- father of Applicant No.2. The applicant No.1 i.e. the daughter of the deponent has filed an application under Section 125 Cr.P.C. against the Respondent No.2 for grant of maintenance, which is pending. During pendency of the said application, Applicant No.1 has met with an accident and since then she is on bed, in support of his submission the applicant has drawn the attention of this Court towards the photograph of Applicant No.1 which is annexed as Annexure No.5 to the application. 4. It is further submitted that after the accident of the Applicant No.1 the father of the applicant with whom the Applicant No.1 is residing has moved an application before the court concerned on 24.10.2024 to permit him to do pairvi on behalf of his daughter and the grand-daughter i.e. Applicant Nos. 1 and 2 respectively and the same is pending and till date no decision has been taken. 5. It is further submitted that due to pendency of the said case, and inability of Applicant No.1 to appear or do pairokari in the said case, she is not getting any maintenance, due to which she is suffering and it is very difficult for the deponent i.e. the father of Applicant No.1 to make expenses on day to day living of his daughter and grand-daughter alongwith medical expenses. 6.
After arguing at length, learned counsel for the applicants has confined his prayer only to the extent that a direction may be issued to court concerned to decide the aforesaid application dated 24.10.2024 within stipulated time as this Court may fix. 7. On the other hand learned A.G.A. has no objection to the prayer made by learned counsel for the applicants. 8. After hearing learned counsel for the parties and without entering into the merits of the case, the court concerned is
directed to make endeavour to decide the application dated 24.10.2024 filed in Maintenance Case no.53 of 2023 (Madhuri Kushwaha vs. Ashok Kumar Kushwaha), under Section 125 Cr.P.C. which is pending before the court concerned, expeditiously, say within a period of six weeks from the date certified copy of this order is produced, in accordance with law, after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournment to either of the parties. If any adjournment is sought by either of the parties, only short dates may be given.
9. With the aforesaid observations, the application under Section 482 Cr.P.C. is disposed of.
Order Date :- 28.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench