Allahabad High Court
SMT NIL KAMALversusASHOK KUMAR
- Decided
- Bench
- VIKRAM D CHAUHAN
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
- Code of Criminal Procedure, 1973 — s. 125(3)
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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