SMT. SAYRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND ANOTHER
A227/4950/2025 · 2025-08-21
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158502 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158502 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49029 Court No. - 13 Case :- MATTERS UNDER ARTICLE 227 No. - 4950 of 2025 Petitioner :- Smt. Sayra Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Petitioner :- Kunwar Bahadur Singh,Sudheer Kumar Rawat Counsel for Respondent :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Kunwar Bahadur Singh, learned counsel for the petitioner and Shri Prashant Tripathi, learned A.G.A. for the State and perused the record. 2. Keeping in view of relief sought and the order which is proposed to be passed, the issuance of notice to the respondent No.2 is dispensed with. 3. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner had sought an issuance of a direction to the Additional Principal Judge, Room No.3, Family court, Lucknow to decide the interim maintenance application filed by the petitioner in Case No.2477 of 2024, under Sections 144 BNSS. 4. A copy of the order sheet of the family court, which has been annexed with the petition, indicates that the petitioner had filed an application under Section 144 of BNSS on 14.10.2024. The opposite party No.2 has put in appearance on 15.04.2025. Thereafter, the matter was referred to the mediation centre. The mediation centre submitted closure report on 04.06.2025. Thereafter, the opposite parties had put in appearance and the matter was fixed for 13.06.2025. On 13.06.2025, the matter was again fixed for 13.06.2025 for deciding the interim maintenance
application but on 27.06.2025, the PO was on leave. The next date fixed for was 24.07.2025 but on 24.07.2025 again the matter has been adjourned for 15.10.2025 without assigning any reason. 5. The third provision of Section 144(1) of BNSS provides that an application for monthly allowance for interim maintenance and expenses of proceeding under the second proviso shall, far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person. 6. In these circumstances, the instant petition is disposed of with a direction to the Additional Principal Judge, Room No.3, Family court, Lucknow to decide the interim maintenance application in Case No.2477 of 2024, under Sections 144 BNSS expeditiously in accordance with law keeping in view of the provisions contained in third provision to Section 144(1) of BNSS.
Order Date :- 21.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench