Created by Fuzzy Cloud

Allahabad High Court

BHAGYA REKHAversusRAKESH KUMAR YADAV

Decided

Holding

The High Court exercised its supervisory jurisdiction under Article 227 to direct the Family Court to decide the pending Section 125 CrPC case within six months.

Summary

The petitioner, Bhagya Rekha, filed a petition under Article 227 seeking the High Court's intervention to expedite a pending Section 125 Criminal Procedure Code case (maintenance) before the Additional Principal Judge, Family Court No.4, Prayagraj, which had been pending since 27 September 2023. The petitioner, represented by counsel Sushant Prakash Tiwari, argued that the delay was causing hardship and requested a time‑bound disposal. The Court examined the supervisory jurisdiction under Article 227 and the need to prevent undue delay in maintenance proceedings. It directed the Family Court to decide the case within six months of receiving a certified copy of the order. The petition was consequently disposed with the specified direction.

Issues considered

  • Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a Family Court to dispose of a pending Section 125 CrPC proceeding within a specified time period?

Legislation cited

Subjects

  • Article 227
  • Section 125 CrPC
  • maintenance
  • family court
  • delay
  • time‑bound disposal
  • supervisory jurisdiction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 12651 of 2026

                                    Bhagya Rekha
                                                                                                   .....Petitioner(s)
                                                                       Versus

                                    Rakesh Kumar Yadav
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Sushant Prakash Tiwari
                                    Counsel for Respondent(s)                :


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

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

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

                                    "i) To direct the Additional Principal Judge, Family Court No.4,
                                    Prayagraj to decide the case no. 972/2023, (Bhagya Rekha Vs Rakesh
                                    Kumar Yadav), under section 125 Cr. P.C. pending before him since
                                    27.09.2023, within a period to be specified by this Hon'ble Court."

                                    3. Learned counsel for the petitioner 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 petitioner that the petitioner is
                                    the wife before the court concerned.

                                    4. Considering the facts and circumstances of the case and the submission
                                    of learned counsel for the petitioner, the petition is disposed of with a
                                    direction to the Additional Principal Judge, Family Court No.4,
                                    Prayagraj to decide the Case No. 972 of 2023 (Bhagya Rekha Vs. Rakesh
                                    Kumar Yadav), under Section 125 Cr.P.C. pending before him since
                                    27.9.2023, within a period of six months from the date of production of a
                                    certified copy of this order.



                                                                                       (Vikram D. Chauhan,J.)
                                    September 14, 2026
                                    VMA




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

Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.