Kiran Tiwari v. Addl. Prin. Judge, Vith Family Court Lucknow and Another

Court No. - 15 Case :- MATTERS UNDER ARTICLE 227 No. - 5069 of 2023 Petitioner :- Kiran Tiwari Respondent :- Addl. Prin. Judge, Vith Family Court Lucknow And Another Counsel for Petitioner :- Suyash Bajpai,Gaurav Singh Hon'ble Shamim Ahmed,J. Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record. This petition under Article 227 of the Constitution of India has been filed with a prayer to issue an order or direction commanding the opposite party no.1 i.e. the Court of learned Additional Principal Judge VIth, Family Court, Lucknow to decide the pending Case No.243 of 2022 (Kiran Tiwari Vs. Manish Tiwari), under Section 125 Cr.P.C. filed by the petitioner pending since 2022 expeditiously. Learned counsel for the petitioner submits that a positive direction be given to the court below to decide the aforesaid case within a stipulated period. Learned A.G.A. has no objection on the prayer made by the learned counsel for the petitioner and submits that a positive direction be given to the court below to decide the case of the petitioner, as merely keeping pending the same by the court below does not suffice any purpose of the litigation. In view of the statements made by the learned counsel for the parties, the court below is directed to decide the above mentioned case expeditiously, preferably within a period of three months, without granting any unnecessary adjournment to either of the parties from the date of filing of the certified copy of this order, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case. With the aforesaid observation, the petition is disposed of finally. Order Date :- 10.10.2023 Saurabh High Court of Judicature at Allahabad, Lucknow Bench