Allahabad High Court
SMT. PRIYANKA AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The bench lacks jurisdiction to entertain the petition; consequently, the petition is dismissed.
Summary
Petitioners filed a writ petition seeking a mandamus directing the respondent authorities to deduct Rs.8,000 per month from a respondent's salary and credit it to the petitioners, to enforce a maintenance order passed by a Family Court under Section 125 of the Criminal Procedure Code. The petitioners argued that the maintenance order was not being complied with despite execution orders. The standing counsel for the State raised a preliminary objection that the bench hearing the petition lacked jurisdiction to entertain such a matter, suggesting the petition should be filed before a bench dealing with Article 227 matters or Section 125 proceedings. The High Court judge agreed, finding the petition not cognizable by the present bench and declined to entertain it. The petition was therefore disposed, with liberty to the petitioners to seek the appropriate remedy under law.
Issues considered
- Whether the High Court bench hearing the writ petition has jurisdiction to entertain a petition for enforcement of a maintenance order under Section 125 Cr.P.C.
- Whether a mandamus can be issued by this bench to direct salary deduction for maintenance under Section 125 Cr.P.C.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125
Subjects
- maintenance
- Section 125 Cr.P.C.
- mandamus
- writ petition
- jurisdiction
- High Court
- Family Court order
- non‑compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14285 of 2026
Smt. Priyanka And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Hariom Upadhyay, Vinay Bhushan
Upadhyay
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for
State-respondents and perused the record.
2. The present petition has been filed with the following prayer:
"I. Issue a writ order or direction in the nature of mandamus
commanding to the Respondent Authorities to deduct a sum of Rs. 8,000/-
per month from the salary of the Respondent no.5 and same may be
credited to the account of the Petitioner.
II. Issue a writ order of direction in the nature of mandamus commanding
to take the appropriate action upon the representation of the Petitioner
dated 23.04.2026."
3. Contention of the learned counsel for the petitioners is that an order of
maintenance has been passed in proceedings under Section 125 Cr.P.C. by
the Family Court which is not being complied with despite the executing
court have passed the orders.
4. Learned Standing Counsel has raised a preliminary objection that this
petition is not cognizable by this Bench and the petitioner may approach
either the Bench hearing matters under Article 227 or before the Bench
hearing matter arising out of proceedings under Section 125 Cr.P.C.
5. In view of the above, I am not inclined to entertain the instant petition.
WRIA No. 14285 of 2026
2
6. Accordingly, the petition is disposed of with liberty to the petitioners to
avail the remedy as available to them under law.
7. Certified copy of the orders, if any, be returned to learned counsel for the
petitioners after retaining photo copy of the same.
(Manish Kumar Nigam,J.)
September 23, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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