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2025 DAILYLAW 65472 (ALL)

AKASH PANDEY v. STATE OF U.P. AND ANOTHER

A482/46600/2023 · 2025-05-25

Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89614 Court No. - 87 Case :- APPLICATION U/S 482 No. - 46600 of 2023 Applicant :- Akash Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. List revised. 2. None appeared on behalf of the applicant to press this application. 3. Sri Jyoti Kumar Singh, learned A.G.A. is present on behalf of the State respondents. 4. I have perused the record. 5. This is a case where opposite party no.2 happens to be the wife of the applicant. Due to matrimonial discord, opposite party No.2 was thrown out of the matrimonial house, and thereafter she filed an application under Section 125 Cr.P.C.. In that application Notice has been issued by the Family Court on 19.10.2023 to the applicant to appear before this court. The same is under challenge by the applicant by way of the instant application. 6. On perusal of the record, it transpires that due to matrimonial discord opposite party no. 2 left her matrimonial house and started residing in her parental house, She filed an application under section 125 Cr.P.C. for maintenance, which was entertained by the Family Court and notice was issued to the applicant to appear before the court, however, applicant instead of appearing before the Family Court straight way approached this Court by way of instant application, I see no illegality in the impugned order passed by the Family Court, which is just a notice asking the applicant to appear before the court and file his defence in the application filed by the opposite party no. 2 under section 125 Cr.P.C. 7. I see no reason to interfere in the impugned order dated 19.10.2023, passed by the Family Court in Complaint Case No. 496 of 2023 (Smt. Anshu vs. Akash Pandey), under Section 125 Cr.P.C. 8. The instant application is devoid of merit and is, accordingly, dismissed. Order Date :- 26.5.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad