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Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2331 of 2025 Petitioner :- Poonam Singh And Another Respondent :- Arbind Patel Counsel for Petitioner :- Km. Ashra,Tanveer Zafar Khan Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for petitioner.
2. Present petition has been preferred with the following prayers:-
"a. Issue suitable order or direction upon the court of Additional Principal Judge, Family Court, Kushinagar situated at Padrauna to decide the aforesaid case bearing case no. 1048 of 2023 (Poonam Singh versus Arbind Patel), under Section 125 Cr.P.C., Police Station Kasya, District Kushinagar pending in the court of Additional Principal Judge, Family Court, Kushinagar situated at Padrauna, within a short stipulated period. "
3. Learned counsel for petitioners submitted that application under Section 125 Cr.P.C. was filed by petitioner no. 1 herself in the year 2023 bearing Case no. 1048 of 2023 (Poonam Singh versus Arbind Patel) 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, Kushinagar situated at Padrauna is hereby directed to consider the application under Section 125 Cr.P.C. preferred at the behest of petitioner no. 1 bearing Case no. 1048 of 2023 (Poonam Singh versus Arbind Patel) 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