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2025 DAILYLAW 96036 (ALL)

JWALA PRASAD GUPTA v. ANMOL GUPTA

A227/10960/2025 · 2025-10-05

Vinod Diwakar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10960 of 2025 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, Pilibhit to decide the Maintenance Case No.711 of 2024, titled Jwala Prasad Gupta v. Anmol Gupta, under Section 144 BNSS, within stipulated time. 3. Learned counsel for the petitioner submits that the petitioner is the father of respondent Anmol Gupta and has filed an application under Section 144 BNSS on 12.08.2024 seeking maintenance. It is stated that the respondent, who is employed as an engineer in Bangalore and earning a handsome salary, was duly served with notice on 11.11.2024. However, despite service of notice, the respondent has failed to appear before the learned Family Court. Learned counsel, therefore, prays that appropriate directions be issued to the concerned court for expeditious disposal of the case within a stipulated time frame. 4. Upon perusal of the order-sheet of the trial court, it transpires that the matter has been listed on several dates, namely 24.02.2025, 22.07.2025, 06.05.2025, 12.06.2025, 09.07.2025, and 08.08.2025, but has been adjourned repeatedly without assigning any reasons. The respondent has also failed to appear before the trial court despite due service of notice. 5. In view of the aforesaid facts and circumstances, the learned Principal Judge, Family Court, Pilibhit, is directed to decide Maintenance Case No. 711 of 2024, titled Jwala Prasad Gupta v. Anmol Gupta, filed under Section 144 BNSS, at the earliest. The trial court shall not grant unnecessary Versus Counsel for Petitioner(s) : Ghanshyam Das Mishra, Umesh Panday Counsel for Respondent(s) : Jwala Prasad Gupta .....Petitioner(s) Anmol Gupta .....Respondent(s) adjournments and shall record appropriate reasons, if any adjournment is granted. It is further directed that the trial court shall take all necessary steps to secure the presence of the respondent (son) for effective adjudication of the case. 6. The petition stands disposed of accordingly. October 6, 2025 A. Tripathi A227 No. 10960 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad