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2025 DAILYLAW 23117 (ALL)

SMT. PRIYANKA PANDEY v. ALOK TRIPATH

A227/2054/2025 · 2025-03-09

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34933 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2054 of 2025 Petitioner :- Smt. Priyanka Pandey Respondent :- Alok Tripath Counsel for Petitioner :- Amit Kumar Yadav,Bachan Singh Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for petitioner. 2. Present petition has been preferred with the following prayers:- "i) To issue an ad interim directing the learned Additional Principal Judge, Family Court no. 2, Kanpur Nagar to decide the Case No. 1931/2023 (Priyanka Pandey versus Alok Tripathi) pending in the court of Additional Principal Judge Family Court no. 2, Kanpur Nagar, expeditiously in accordance with law, otherwise the petitioner shall suffer irreparable loss and injury." 3. Learned counsel for petitioner submitted that application under Section 125 Cr.P.C. was filed by petitioner herself in the year 2023 bearing Case no. 1931/2023 (Priyanka Pandey versus Alok Tripathi) itself but neither the same has been decided nor any interim maintenance has been granted by the court concerned till today, since there is a specific provision that proceedings of maintenance shall be decided within two months from the date of service of notice, otherwise the entire purposes of filing application under Section 125 Cr.P.C. shall be futile. 4. Considering the arguments raised by learned for petitioner, learned Additional Principal Judge, Family Court no. 2, Kanpur Nagar is hereby directed to consider the application under Section 125 Cr.P.C. preferred at the behest of petitioner bearing Case no. 1931/2023 (Priyanka Pandey versus Alok Tripathi) and decide interim maintenance within a period of two months from the date of production of a certified copy of this order before it. 5. In view of the aforesaid direction, the instant petition is disposed of. However, it is made clear that the prayer of petitioner for final adjudication of application under Section 125 Cr.P.C. shall be open to be raised at appropriate and relevant time, in future. Order Date :- 10.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad