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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Vinod Diwakar,J.
Nirmal Kumar Fukan – Appellant
Versus
State Of Up – Respondent
1. Heard learned counsel for the revisionist-husband, Shri Sudhir Mehrotra, learned Amicus-Curiae, learned A.G.A. for the Staterespondent, and perused the record.
2. The revisionist husband has preferred the instant revision, assailing the legality and validity of the impugned order dated 19.01.2024, passed by the learned Principal Judge, Family Court, Auraiya in Case No. 172 of 2023, under section 125 Cr. P.C.
3. Both, revisionist-husband and respondent-wife, were directed to file an affidavit of Assets and Liabilities as mandated in Rajnesh v. Neha & Anr,, (2021) 2 SCC 324 disclosing all sources of income.
4. At the outset, among other arguments, the learned counsel for the revisionist contended that the entire proceedings initiated by the respondent-wife and the procedure adopted by the learned Principal Judge, Family Court, Auraiya, contravene the judgments in Rajnesh v. Neha case (supra) and Smt. Parul Tyagi v. Gaurav Tyagi, [(2023) SCC OnLine All 2684]. The learned counsel further asserted that the learned Principal Judge of the
The judiciary must enforce compliance with its own directives to ensure timely justice in maintenance cases, as systemic delays undermine the rule of law and affect vulnerable parties.
The court emphasized the necessity for timely resolution of maintenance applications under Section 125 Cr.P.C. to prevent injustice and uphold the rights of vulnerable parties.
Maintenance cases – There is urgent need for Family Court Judges to exercise their judicial mind with heightened sensitivity and responsibility – Judicial system must prioritize expeditious disposal ....
Family Courts must prioritize timely justice in maintenance cases, ensuring sensitivity to the needs of destitute women and adherence to Supreme Court guidelines.
Judicial officers must maintain integrity in personal litigation; timely resolution of maintenance applications is essential to prevent destitution.
Maintenance proceeding – Speedy trial/enquiry is fundamental rights of parties – Principle of natural justice shall be followed while adjudicating petition.
The main legal point established in the judgment is the need for expeditious resolution of matrimonial disputes and the professional management of such disputes, emphasizing the importance of timely ....
The main legal point established is the obligation of a party to comply with Supreme Court guidelines on affidavit of disclosure in maintenance proceedings and the statutory mandate for timely dispos....
The main legal principle established in the judgment is the importance of expeditious resolution of matrimonial disputes by Family Courts, in accordance with the purpose of the Family Courts Act, and....
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