Allahabad High Court
RAKHI @ REKHAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court directed the Principal Judge of the Family Court, Amroha, to decide the Section 125(3) maintenance case within six months.
Summary
The petitioner, a wife, filed a petition under Article 227 of the Constitution seeking a writ of mandamus directing the Principal Judge of the Family Court, Amroha, to expedite a pending maintenance proceeding under Section 125(3) of the Criminal Procedure Code (case No. 164 of 2024, Rakhi v. Amit Kumar). The petitioner argued that the case had been pending since April 8, 2024, and required a time‑bound decision. The High Court, after considering the facts and the petitioner's counsel, held that it could intervene under its supervisory jurisdiction to prevent undue delay. Accordingly, the Court ordered the Family Court judge to decide the matter within six months of the order. The petition was disposed of with the said direction.
Issues considered
- Whether the High Court can issue a mandamus directing a Family Court to decide a Section 125(3) CrPC case within a stipulated time
- Whether the delay in adjudicating the maintenance petition violates the petitioner's rights under Article 227
Legislation cited
- Code of Criminal Procedure, 1973 — s. Section 125(3)
- Constitution of India — s. Article 227
Subjects
- maintenance
- Section 125 CrPC
- mandamus
- supervisory jurisdiction
- Family Court
- delay
- Article 227
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5389 of 2026
Rakhi @ Rekha
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Kanhiya Lal Chauhan
Counsel for Respondent(s) : G.A.
Court No. - 73
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) Issue a writ, order or direction to allow this petition and direct the learned
Principal Judge, Family Court, Amroha to decide to expedite in stipulated time the
case No. 164 of 2024, under section 125(3) Criminal Procedure Code 1973 (Rakhi Vs
Amit Kumar) Pending before the learned Principal Judge, Family Court, Amroha,
District Amroha, which is pending since 08.04.2024.
(ii) Issue a writ, order or direction in the nature of mandamus directing to allow this
application and direct the learned Principal Judge, Family Court, Amroha to decide /
expedite in stipulated time the case No. 164 of 2024, under section 125(3) Criminal
Procedure Code 1973 (Rakhi Vs Amit Kumar) Pending before the learned Principal
Judge, Family Court, Amroha, District Amroha."
3. Learned counsel for petitioner submits that petitioner is wife and
proceedings under Section 125(3) Cr.P.C. is pending before the court
concerned and a direction be issued to the court concerned to conclude the
same in a time bound manner.
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 Principal Judge, Family Court, Amroha to decide the Case No. 164 of
2024 (Rakhi Vs Amit Kumar), under Section 125(3) Criminal Procedure
Code 1973 within a period of six months from the date of production of a
A227 No. 5389 of 2026
2
certified copy of this order.
(Vikram D. Chauhan,J.)
April 23, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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