Allahabad High Court
SABA KHANAMversusFAISAL UDDIN
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court directed the Family Court, Agra, to decide the pending Section 125 CrPC case within six months.
Summary
Petitioner Saba Khanam, the wife, filed a petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Agra, to expedite a pending maintenance proceeding under Section 125 of the Criminal Procedure Code (Case No. 706 of 2024). The petition argued that the case had been pending since 2024 and required a time‑bound decision. The High Court, after considering the facts and the petitioner's counsel’s submission, exercised its supervisory jurisdiction and issued a directive. The Court ordered 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 High Court can, under Article 227, direct a Family Court to decide a pending Section 125 CrPC proceeding within a stipulated time
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125
Subjects
- Section 125 CrPC
- maintenance
- family law
- Article 227
- court direction
- expedited proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6708 of 2026
Saba Khanam
.....Petitioner(s)
Versus
Faisal Uddin
.....Respondent(s)
Counsel for Petitioner(s) : Najakat Ali
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 order or direction, to direct the learned Principal Judge, Family Court,
Agra to decide the Case No. 706 of 2024 (Saba Khanam Vs. Faisal Uddin) pending in
the Court of learned Principal Judge, Family Court, Agra arising out of proceeding
under section 125 Cr.P.C. police Station- Nai Ki Mandi, District -Agra expeditiously
within stipulated period to be fixed by this Hon'ble Court."
3. Learned counsel for the petitioner submits that petitioner is wife and
proceedings under Section 125 Cr.P.C. is pending since 2024 before the
court concerned 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, Agra to decide the Case No. 706 of
2024 (Saba Khanam Vs. Faisal Uddin) arising out of proceeding under
Section 125 Cr.P.C. Police Station- Nai Ki Mandi, District -Agra within a
period of six months from the date of production of a certified copy of this
order.
(Vikram D. Chauhan,J.)
May 14, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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