Smt Babita Sharma vs State Of U.P. And Another
2024 Latest Caselaw 17470 ALL

Allahabad High Court

Smt Babita Sharma vs State Of U.P. And Another on 16 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:88612
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 3962 of 2024
 

 
Applicant :- Smt Babita Sharma
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Hitesh Pachori
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mayank Kumar Jain,J.
 

Heard learned counsel for the applicant and learned AGA for the State.

Present application u/s 482 of Cr PC has been filed by the applicant, praying for quashing the order dated 24.11.2023 passed by the Principal Judge, Family Court, Agra passed in Case No.985 of 2015 (Smt. Babita Srivastava vs. Vinod Kumar Sharma) under Section 125 of Cr PC, Police Station Sikandara, Agra. A further prayer is also made to direct the trial Court to conclude the proceedings of Case No.985 of 2015 (Smt. Babita Srivastava vs. Vinod Kumar Sharma) under Section 125 of Cr PC, Police Station Sikandara, Agra, expeditiously within the stipulated period.

Challenge in the instant matter is to the order dated 24.11.2023 passed by the Principal Judge, Family Court, Agra, wherein the learned trial Judge has held that since a Petition No.55 of 2018 under Section 13 of the Hindu Marriage Act between the parties is pending in the same Court, therefore, if any judgment is passed in the present proceedings (i.e. under Section 125 of Cr PC), it would prejudice the proceedings under Section 13 of the Hindu Marriage Act. Therefore, learned trial Judge did not pass any judgment in the proceedings under Section 125 of Cr PC, though the case was fixed for judgment on 24.11.2023.

It is submitted by learned counsel for the applicant that the proceedings under Section 125 of Cr PC and under Section 13 of Hindu Marriage Act are different and independent proceedings. The applicant is not receiving any interim maintenance from opposite party no.2 as yet.

Per contra, learned AGA opposed the prayer.

Admittedly, the proceedings under Section 125 of Cr PC and under Section 13 of the Hindu Marriage Act are different and independent proceedings. The applicant has equitable right under Section 125 of Cr PC. Therefore, it appears that there would be no impact over the proceedings under Section 13 of the Hindu Marriage Act, which are pending in the same Court, if a judgment is pronounced in the proceedings under Section 125 of Cr PC.

In view of above, the order impugned dated 24.11.2023 passed by the learned Principal Judge, Family Court, Agra is hereby set aside. The learned trial Court is directed to decide the proceedings under Section 125 of Cr PC in accordance with law expeditiously.

Present application is, accordingly, allowed.

Order Date :- 16.5.2024

RKK/-