KAVITA SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER
A227/11463/2025 · 2025-09-21
body2025
DailyLaw.ai
[ 2025 DAILYLAW 189045 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 189045 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11463 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State- respondent, and perused the record. 2. The present petition has been preferred seeking a direction to the learned Principal Judge, Family Court, Kanpur Nagar to decide the Case No.1332 of 2024 titled Kavita Singh and another v. Aditya Pratap Singh, under section 125 of Cr.P.C., expeditiously, within a stipulated period. 3. In brief, the case of the petitioner is that the petitioner no.1 was married to respondent no.2 on 11.12.2020 in accordance with Hindu rites and ceremonies. It is alleged that the petitioner no.1's father spent approximately Rs.25 lakhs on the marriage. Subsequent to the marriage, respondent no.2 and his family allegedly raised an additional dowry demand of Rs.5 lakhs. 4. A male child, Hariom (petitioner no.2), was born out of the said wedlock on 24.06.2022. It is further alleged that on 03.07.2023 at around 05:00 p.m., the respondent and his family members forcibly ousted petitioner no.1 from the matrimonial home. Since then, she has been residing with her parents. On 06.07.2023, an FIR bearing Case Crime No. 180 of 2023 was registered at Police Station Hanumant Vihar under Sections 498A, 323, 504 of IPC read with Sections 3/4 of the Dowry Prohibition Act against the respondent and his relatives. 5. The petitioner alleges that the respondent is employed and earning a monthly salary of approximately Rs.50,000/-. He is said to own a 200 sq. yard plot in Lucknow, valued at around Rs.1 crore, and holds ancestral agricultural land measuring approximately 75 bighas in village Shivpuri, Versus Counsel for Petitioner(s) : Alok Ranjan Pandey Counsel for Respondent(s) : G.A. Kavita Singh And Another .....Petitioner(s) State of U.P. and Another .....Respondent(s)
District Barabanki. It is also stated that the respondent's father is serving as a Sub-Inspector in the PAC. 6. Based on these averments, the petitioner has sought interim maintenance under Section 125 Cr.P.C., claiming Rs.20,000/- per month for herself and Rs.10,000/- per month for her minor son, petitioner no.2. 7. As per the order sheet, the present case was registered on 24.06.2024. The application under Section 125 Cr.P.C. was filed on the same date.
The matter has since been listed on several occasions, including 02.08.2024, 18.09.2024, 07.11.2024, 05.12.2024, 23.12.2024, 18.01.2025, 07.02.2025, 10.03.2025, 02.04.2025, 02.05.2025, 25.06.2025, 28.08.2025, and
25.09.2025. However, no effective order has been passed. It is noted that on three to four occasions, notices were sent to the official address of the respondent, yet he has failed to appear before the Court. 8. At this stage, it is unclear whether petitioner no.1 has filed the requisite affidavit disclosing her assets and liabilities, as required in proceedings under Section 125 Cr.P.C.
9. Learned counsel for the petitioner prays for and is granted time to obtain instructions in this regard. 10. Put up this case as fresh on 16.10.2025. October 14, 2025 Anil K. Sharma A227 No. 11463 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad