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Allahabad High Court

AMRIKA DEVI AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court directed the Additional Principal Judge, Family Court‑III, Jaunpur to decide the pending Section 125 case within six months.

Summary

The petitioners, Amrika Devi and her minor son, filed a petition under Article 227 of the Constitution seeking a direction to the Additional Principal Judge of Family Court‑III, Jaunpur, to expedite the trial of a pending Section 125 Cr.P.C. case (Amrika v. Sudhakar). The petition argued that the family court should conclude the maintenance proceedings within a fixed time frame. The High Court, after considering the facts and the petitioners' submission, exercised its supervisory jurisdiction and ordered the family court to decide the case within six months of receiving a certified copy of the order. No substantive discussion on the merits of the Section 125 case was made; the focus was on ensuring a time‑bound disposal. The order was signed by Justice Vikram D. Chauhan on 9 September 2026.

Issues considered

  • Whether the High Court, under Article 227, can direct a Family Court to decide a pending Section 125 Cr.P.C. case within a stipulated period.

Legislation cited

Subjects

  • Article 227
  • Section 125 Cr.P.C.
  • Family Court
  • maintenance
  • supervisory jurisdiction
  • time‑bound disposal

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
      MATTERS UNDER ARTICLE 227 No. - 12366 of 2026

Amrika Devi And Another
                                                  .....Petitioner(s)
                              Versus

State of U.P. and Another
                                                 .....Respondent(s)

Counsel for Petitioner(s)              :   Vivek Kumar Singh
Counsel for Respondent(s)              :   G.A.

Court No. - 55
            HON'BLE VIKRAM D. CHAUHAN, J.

1. Heard learned counsel for the petitioners and learned A.G.A.
for the State.

2. The present petition is filed with the following prayer:-

") Issue, a suitable order or direction directing the learned
Additional Principal Judge, Family Court-III, Jaunpur to
decide and conclude the trial of Case No. 920 of 2024 (Amrika
Vs. Sudhakar), under section 125 Cr.P.C., Police Station-
Sarpataha, District Jaunpur, pending in the court of learned
Additional Principal Judge, Family Court-III, Jaunpur,
expeditiously as early as possible, preferably within a
stipulated period fix by this Hon'ble Court."

3. Learned counsel for the petitioners submits that the
proceedings before the court concerned be directed to be
concluded in a time bound manner. It is submitted by learned
counsel for the petitioners that petitioner no. 1 is the wife and
petitioner no. 2 is minor son before the court concerned.

4. Considering the facts and circumstances of the case and the
submission of learned counsel for the petitioners, the petition is
disposed of with a direction to the Additional Principal Judge,
Family Court-III, Jaunpur to decide the Case No. 920 of 2024
(Amrika Vs. Sudhakar), under Section 125 Cr.P.C., Police
Station Sarpataha, District Jaunpur, pending in the court of
                                                                                        A227 No. 12366 of 2026
                                                                 2


                                        Additional Principal Judge, Family Court-III, Jaunpur, within a
                                        period of six months from the date of production of a certified
                                        copy of this order.



                                                                              (Vikram D. Chauhan,J.)

                                        September 9, 2026
                                        VMA




Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad


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