NAGMA ASIF KHAN v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME AND ANOTHER
A483/360/2025 · 2025-04-25
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134167 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134167 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:23944 Court No. - 14 Case :- APPLICATION U/S 483 No. - 360 of 2025 Applicant :- Nagma Asif Khan Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home And Another Counsel for Applicant :- Satyendra Nath Mishra 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 :
"1. Issue a suitable, order or direction commanding the Learned Principal Judge Family Court Sultanpur to decide the application under section 125 Cr.P.C. bearing Criminal Miscellaneous Case No. 132/2023, 'Nagma Asif Khan and others Vs. Mohd. Asif pending before Learned Principal Judge Family Court Sultanpur, whereby the Petitioner has filed an application for granting of interim maintenance, expeditiously within such period as may be stipulated by this Hon'ble Court, in the interest of justice. ii. Issue a suitable, order or direction commanding the Learned Principal Judge Family Court Sultanpur to decide the interim maintenance application dated 02.03.2023 pending in under section 125 Cr.P.C. bearing Criminal Miscellaneous Case No. 132/2023, 'Nagma Asif Khan and others Vs. Mohd. Asif pending before Learned Principal Judge Family Court Sultanpur, whereby the Petitioner has filed an application for granting of interim maintenance, expeditiously within such period as may be stipulated by this Hon'ble Court, in the interest of justice."
3. Learned counsel for the applicant has submitted that an application under Section 125 Cr.P.C. alongwith grant of interim maintenance has been filed on 26.01.2023, in which Respondent No.2 has put in appearance but till date neither the interim relief applicant nor the case for grant of maintenance has been decided, due to which the applicant, who is a poor lady is facing hardship and it is very difficult her to make both ends meet. 4. Learned counsel for the applicant prays that a direction may be issued to the court concerned to decide the aforesaid application under Section 125 Cr.P.C. within stipulated time as this Court may fix. 5. On the other hand learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. 6.
After hearing learned counsel for the parties and without entering into the merits of the case, it is expected that the court concerned shall make endeavour to decide the application under Section 125 Cr.P.C. and interim maintenance application dated 02.03.2023, which is pending before the court concerned, expeditiously, say preferably the interim maintenance application shall be decided within a period of 3 months, 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. 7. With the aforesaid observations, the application under Section 482 Cr.P.C. is disposed of. Order Date :- 25.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench