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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11461 of 2023 Court No. - 85 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. By means of the present petition, the petitioner has sought for a suitable direction to the learned Principal Judge, Family Court, Mirzapur to decide the Case No. 120 of 2022, titled Reshma @ Chanda v. Aftab, under Section 128 Cr.P.C., registered at P.S. Jamalpur, District Mirzapur within stipulated time.
3. Learned counsel for the petitioner submits that the petitioner had instituted proceedings under Section 125 Cr.P.C. seeking grant of maintenance, which was allowed by the learned Principal Judge, Family Court, vide order dated 10.01.2022, whereby maintenance was awarded at the rate of Rs. 3,000/- per month to the petitioner and Rs. 1,000/- per month to her minor child from the date of the application. It is further submitted that despite the said order, the respondent has not paid even a single penny towards the awarded maintenance. It is stated that, in consequence thereof, the petitioner has preferred an application under Section 128 Cr.P.C. before the learned Principal Judge, Family Court which is presently pending adjudication. Therefore, an appropriate direction be issued to the learned Principal Judge, Family Court, to decide the application under Section 128 Cr.P.C. expeditiously, within a specific time frame.
4. Considering the submissions made by learned counsel for the petitioner, the present petition stands disposed of with a direction to the learned Judge, Family Court, Mirzapur, to decide the proceedings of Case No. 120 of 2022, Reshma @ Chanda v. Aftab, under Section 128 Cr.P.C., Police Station Jamalpur, District Mirzapur, strictly in accordance with law with a reasoned and speaking order expeditiously, in the light of the judgment of this Court Versus Counsel for Petitioner(s) : Gunjan Dwivedi, Shri Prakash Dwivedi Counsel for Respondent(s) :
Reshma @ Chanda .....Petitioner(s) Aftab .....Respondent(s)
in Rajnesh v. Neha and Another, (2021) 2 SCC 324 Smt. Parul Tyagi v. Gaurav Tyagi, 2023 SCC OnLine All 2684. September 12, 2025 A. Tripathi A227 No. 11461 of 2023 2 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad