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2025 DAILYLAW 8977 (JK)

MUMTAZA BEGUM AND ORS. v. SHAH IRFAN UL SHAFI

CM(M)/226/2023 · 2025-07-08

Vinod Chatterji Koul

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No. 22 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 226/2023 Mumtaza Begum and Ors. …Appellant/Petitioner(s) Through: Mr. Hakim Suhail, Advocate Vs. Shah Irfan Ul Shafi ...Respondent(s) Through: Mr. Musavir Mir, Advocate CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 08.07.2025 1. Order dated 23.08.2023, which is under challenge in this petition, has been passed by Chief Judicial Magistrate, Sopore (Trial Court) in application for grant of interim relief filed alongside the Application under Section 125 of the Code of Criminal Procedure (Cr.P.C.) as an interim measure. 2. It is pertinent to mention here that main application/petition is yet to be decided. 3. Learned counsel for the petitioners submits that petitioners would be satisfied in case Trial court is asked to decide the main petition filed by them under Section 125 Cr.P.C expeditiously without any further delay. 4. Having regard to the object of Section 125 Cr.P.C., for which it has been enacted and that its purpose is to provide maintenance to neglected children etc. therefore, such matters require to be taken up by the Trial Courts on priority basis and decided expeditiously so that purpose of the provision is not defeated. -2- 5. The petition under Section 125 Cr.P.C. is already pending as stated by the counsel for the parties before the Trial Court since 2023 which ought to have been decided by this time but has not been. Therefore, having regard to the submissions made by Mr. Hakim Suhail, learned counsel for the petitioners, this petition shall stand disposed of by asking the Trial Court to decide the petition filed by the petitioners under Section 125 Cr.P.C. expeditiously without granting any unnecessary adjournments to either of the parties. 6. Disposed of. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 08.07.2025 Misba