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2025 DAILYLAW 159041 (ALL)

RANJU SAROJ @ RANJU DEVI v. INDIAN AUDIT AND ACCOUNTANTS DEPTT. OFFICE PRIN. ACCOUNTANTGENERAL LKO. AND 2 OTHERS

WRIC/8137/2025 · 2025-08-26

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8137 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned Counsel for the petitioner, learned Standing counsel for the State Respondents, Sri Anurag Srivastava, learned Counsel appearing on behalf of the respondent nos.1 and 2 and Sri Birendra Pratap Singh, learned Counsel appearing on behalf of the respondent no.3. 2. This petition has been filed with the following main prayers:- "Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite party no. 1 and 2 to recover the amount of Rs. 3,42,000/- (Three Lakhs Forty Two Thousand Only) with interest in compliance of the order/letter dated 11-03-2025 issued by the Addl. Principal Judge, Family Court, Pratapgarh from the salary account of opposite party no.3 prior to retirement on 31-08-2025, which copy is annexed as Annexure No. 5 to this writ petition, in the interest of justice Issued a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite party No. 2 to consider and decide the representation dated 11-08-2025 preferred by the petitioner, which copy is contained as Annexure No. 9 to this writ petition, in the interest of justice." 3. It has been submitted by learned Counsel for the petitioner that marriage of the petitioner was solemnized with one Shrawan Kumar Versus Counsel for Petitioner(s) : Arvind Yadav, Shesh Mani Shukla Counsel for Respondent(s) : Anurag Srivastava Ranju Saroj @ Ranju Devi .....Petitioner(s) Indian Audit And Accountants Deptt. Office Prin. Accountantgeneral Lko. And 2 Others .....Respondent(s) Saroj and a son was born out of the said wedlock. The husband of the petitioner was appointed as an Auditor in the office of the respondent no.2 in the year 1994. The petitioner filed an application for maintenance under Section 125 of the Cr.P.C. on 12.04.2022 in the Family Court, where an ex parte order was passed. The petitioner submitted the application on 23.08.2024 to the Court of Additional Principal Judge, Family Court, Pratapgarh for getting arrears of maintenance, which had not been paid by the respondent no.3, on which an order was passed by the Principal Judge by issuing a recovery warrant, yet the amount of Rs.3,42,000/- has not been recovered from the respondent no.3 by the respondent no.2. Hence this petition has been filed. 4. Sri Anurag Srivastava and Sri Birendra Pratap Singh, Advocates, have placed before this Court a copy of the order dated 05.08.2025 passed by the Additional Principal Judge, Family Court, Pratapgarh, wherein the Court has recalled the ex parte order dated 12.04.2022 and restored the application under Section 125 Cr.P.C. for fresh hearing and invited objections. 5. The writ petition is devoid of merit and is accordingly dismissed. August 26, 2025 Rahul WRIC No. 8137 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench