Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 142279 (ALL)

SMT. MAMTA YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A483/448/2025 · 2025-06-04

Rajnish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:34535 Court No. - 11 Case :- APPLICATION U/S 483 No. - 448 of 2025 Applicant :- Smt. Mamta Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Amit Srivastava,Sarvesh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Learned counsel for the applicant submits that an application under Section 125 Cr.P.C. is pending before the Additional Principal Judge, Family Court, Faizabad/Ayodhya in Case No. 102 of 2023, which was moved along with an application for interim maintenance, but till date application for interim maintenance has even not been decided, whereas application for interim maintenance should have been decided as far as possible within a period of sixty days as per the third proviso appended to Section 125(1) Cr.P.C. Perusal of the order sheet indicates that the court itself is making efforts for disposal and whenever the adjournment is sought, the cost has been imposed by the court. In view of above, this Court is not inclined to issue any direction at this stage. However it is for the court concerned to see that the statutory provision made in regard to the disposal of application is complied with by it. Even otherwise in view of law laid down by the Hon'ble Supreme Court, the application for early disposal can be moved and considered by the concerned court. With the aforesaid, the petition is disposed of. Order Date :- 4.6.2025 Raj Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench