Hushnbano And Another vs Sheraj Ahmad Khan

Saurabh Srivastava, J

Heard Sri Parashuram Barnawal, learned counsel appearing on behalf of petitioners.

Present petition has been preferred with the prayer to issue a direction, directing learned Additional Principal Judge, Family Court, Kushinagar at Padrauna to hear and decide Case/Suit no. 318 of 2017 (Hushnbano vs. Sheraj Ahmad Khan) under Section 125 Cr.P.C. for maintenance pending before him within the period specified by this Court.

By bare perusal of the pleadings available in the records and submissions made by learned counsel for petitioners, it is apparent that the matter under Section 125 Cr.P.C. is pending to be finally adjudicated before learned court of Additional Principal Judge, Family Court, District Kushinagar at Padrauna wherein the interim maintenance has already been extended in favour of the petitioners and arising out of the same Rs.2,000/- per month is being continuously received since 2021 by the petitioners but at the same time, learned counsel for the petitioners submitted that it is very hard to maintain herself along with the baby girl through the limited means of Rs.2,000/- extended in shape of interim maintenance whereas respondent no. 2 is highly paid person and rendering his services in one of the gulf countries.

Considering the meager amount as well as condition of the petitioners, learned court of Additional Principal Judge, Family Court, District Kushinagar at Padrauna is hereby directed to expedite the proceedings pending under Section 125 Cr.P.C. in shape of Case/Suit no. 318 of 2017 (Hushnbano vs. Sheraj Ahmad Khan) by way of affording proper opportunity to all the parties and decide the same as expeditiously as possible preferably within a period of 12 months from the date of production of certified copy of this order.

The instant petition stands disposed of accordingly.