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Allahabad High Court

SMT NIL KAMALversusASHOK KUMAR

Decided

Holding

The High Court directed the Family Court to decide the pending Section 125(3) application within six months.

Summary

The petitioner, a wife, filed a petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Firozabad, to decide a pending application under Section 125(3) of the Criminal Procedure Code (Misc. Case No. 1765 of 2023). The application had been pending since 2023, and the petitioner alleged undue delay. The High Court, after hearing counsel, noted the delay and the need for a time‑bound disposal. It directed the Family Court to decide the matter within six months of receiving a certified copy of the order. Consequently, the petition was disposed with the specified direction.

Issues considered

  • Whether the Family Court should be directed to decide the pending Section 125(3) CrPC application within a specified time‑frame?

Legislation cited

Subjects

  • Section 125 CrPC
  • maintenance
  • family court
  • delay
  • Article 227
  • high court direction

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  MATTERS UNDER ARTICLE 227 No. - 6205 of 2026

                                    Smt Nil Kamal
                                                                                                        .....Petitioner(s)
                                                                            Versus

                                    Ashok Kumar
                                                                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)                        :   Pradeep Kumar Yadav
                                    Counsel for Respondent(s)                        :

                                    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 an order or direction, directing the trial court i.e. Principal Judge Family
                                    Court, Firozabad to decide the Misc. case No.1765 of 2023 under section 125 (3)
                                    Cr.P.C., police station Shikohabad, District Firozabad, pending in the court of
                                    Principal Judge Family Court, Firozabad."

                                    3. Learned counsel for the petitioner submits that petitioner is the wife and
                                    application under Section 125(3) Cr.P.C. is pending before the Family Court,
                                    Firozabad since 2023 and a direction be issued to the court concerned to
                                    decide 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, Firozabad to decide the Misc. Case
                                    No.1765 of 2023 under Section 125 (3) Cr.P.C., Police Station Shikohabad,
                                    District Firozabad within a period of six months from the date of production
                                    of a certified copy of this order.



                                                                                             (Vikram D. Chauhan,J.)
                                    May 5, 2026
                                    D. Tamang




Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad


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