Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 139172 (ALL)

SARVAR JAHAN v. MUJEEB AHMAD AND 3 OTHERS

A227/2837/2025 · 2025-07-02

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:37199 Court No. - 27 Case :- MATTERS UNDER ARTICLE 227 No. - 2837 of 2025 Petitioner :- Sarvar Jahan Respondent :- Mujeeb Ahmad And 3 Others Counsel for Petitioner :- Rakesh Kumar Yadav Hon'ble Manish Kumar,J. The present writ petition has been preferred with the following prayer:- "a) To issue an order or direction directing to the Principal Judge, Family Court, District - Sultanpur to decide the application under Section 125 Cr.P.C., Crl. Misc. Case No. 394 of 2021 (Sarvar Jahan & Others vs. Mujeeb Ahmad), dated 26.03.2021, which is pending before the Principal Judge, Family Court, District Sultanpur since 26.03.2021, within a stipulated period as possible in the interest of justice." This Court has passed an order on 14.05.2025. For convenience, the same is quoted hereinbelow:- "Learned counsel for the petitioner submits that the petitioner has filed an application under Section 125 Cr.P.C. bearing Misc. Criminal Case No. 394 of 2021 (Sarvar Jahan Vs. Mujeeb Ahmad) which is pending in the court of Ist Additional Principal Judge, Family Court, Sultanpur. The interim maintenance has been fixed after about three years by means of the order dated 23.09.2024 but the same has not been paid to the petitioner. He further submits that the case is being fixed for cross- examination of P.W.-1 since 07.12.2024 but despite several dates and the presence of the parties, the same has not been recorded and now case is fixed on 22.05.2025 on the same stage. In view of the above, let the report be called from the concerned Family Court through the Principal Judge, Sultanpur, by the Senior Registrar of this Court as to why the cross-examination has not been recorded whereas the parties appears to have remained present since 07.12.2024 on each and every date and how much more time will it take to decide the application. The report shall be called before the next date. List in the first week of July, as fresh." In compliance of the earlier order of this Court dated 14.05.2025, the report dated 13.06.2025 has been submitted by the Ist Additional Principal Judge, Family Court, Sultanpur intimating therein that the cross- examination of A.W. 1 is going on. At this stage, learned counsel for the petitioner has very fairly submitted that the same has already been concluded. It is further intimated in the report that on 19.04.2025, after the cross examination of A.W. 1, an order for interim maintenance has been passed and the petitioner is getting maintenance each and every month and the dates of payment have also been indicated in the report. The said fact has not been disputed by the learned counsel for the petitioner and has very fairly submitted that the judgment is reserved and it is proposed/expected to be delivered tomorrow i.e. 03.07.2025 meaning hereby, the purpose for which the present writ petition has been preferred for early disposal of application under Section 125 Cr.P.C. has already been fulfilled. Learned counsel for the petitioner has further submitted that it is expected that the judgment/final order will be passed by tomorrow i.e. 03.07.2025, which is fixed by the court for passing of the final order/judgment, by which the application under Section 125 Cr.P.C. is going to be decided finally as such the present writ petition may be disposed of. In view of above, the present writ petition stands finally disposed of. Order Date :- 2.7.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench