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2025 DAILYLAW 13780 (ALL)

PRATIBHA THAPAR v. STATE OF U.P. AND ANOTHER

NA528/3631/2025 · 2025-05-07

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74569 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 3631 of 2025 Applicant :- Pratibha Thapar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Tiwari,Vipin Kumar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed with the following relief:- "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present Criminal Misc. Application under Section 482 of Cr.P.C. and quash the order dated 04.12.2024 passed by Principal Judge, Family Court, Meerut in Case No. 1009 of 2023 titled Smt. Pratibha Thapar Vs Ashvin Bhatia under Section 125 of Cr.P.C., whereby the application no. 18A, preferred by the applicant, has been rejected for monthly allowance for the interim maintenance during the pendency of the proceeding regarding monthly allowances for the maintenance and the expenses of such proceeding and further Hon'ble Court may be pleased to direct the opposite party no. 2 to pay the monthly allowance of the rupees 10 Lakh for the interim maintenance and expenses of such proceeding to the applicant as Hon'ble Court may deem fit and proper under the facts and circumstances of the case. It is further expedient in the interest of justice that this Hon'ble Court may graciously be pleased to direct the opposite party no. 2 to pay the monthly allowance for the interim maintenance to the applicant as prayed by her in application dated 02.05.2024 and expenses of such proceeding as Hon'ble Court may deem fit and proper under the facts and circumstances of the case, during the pendency of present criminal misc. application otherwise the applicant will suffer irreparable lose and injury." 3. It was submitted by learned counsel for the applicant that the prayer made above is not being pressed and that the applicant has filed the aforesaid case under Section 125 Cr.P.C. on 16.10.2023 and thus a direction may be made to the concerned Family court to expedite the proceedings of the aforesaid case and to decide the same within specific time frame. 4. In view of aforesaid, the Family court concerned is directed to expedite the proceedings of the case under Section 125 Cr.P.C. and to decide the same as early as possible, preferably within a period of seven months from the date of production of copy of this order before the court concerned, provided there is no legal impediment. 5. The application under Section 528 BNSS is disposed of accordingly. Order Date :- 8.5.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad