Application U/S 483 CrPC Seeking Direction To Family Court For Expeditious Disposal Of Petition U/S 125 CrPC Maintainable: Allahabad HC
The Allahabad High Court observed that as a family Court exercises the jurisdiction of a Judicial Magistrate while deciding an application under Section 125 Cr.P.C., requests made under Section 483 Cr.P.C. for expeditious disposal of such applications within the family Court are maintainable.
The Court was hearing an application filed under Section 483 Cr.P.C seeking issuance of a direction to the Additional Principal Judge to decide the case under Section 125 Cr.P.C., expeditiously.
The bench of Justice Subhash Vidyarthi observed, “As the Family Court exercises the jurisdiction of judicial magistrate while deciding an application under Section 125 Cr.P.C., an application under Section 483 Cr.P.C. seeking a direction to the Family Court for expeditious disposal of an application under Section 125 Cr.P.C. would be maintainable.”
Brief Facts-
The petitioner Shiva Pankaj got married to the opposite party and gave birth to a daughter. The petitioner alleges that the opposite party used to ill her and he threw her and her daughter out of her matrimonial home. The petitioners filed an application under Section 125 Cr.P.C. claiming maintenance. The opposite party filed an application under Section 125(4) Cr.P.C. praying for rejection of the application under Section 125 Cr.P.C.
The petitioners then filed an application for payment of interim maintenance, to which the opposite party has raised a preliminary objection that under Section 483 Cr.P.C, the High Court exercises the power of superintendence over the Courts of judicial magistrates subordinate to it therefore, the application under Section 483 Cr.P.C. seeking issuance of a direction to the Additional Principal Judge, Family Court is not maintainable. However, the petitioner argued that while deciding an application under Section 125 Cr.P.C., the Family Court exercises the jurisdiction of a magistrate and, therefore, an application under Section 483 Cr.P.C. will be maintainable for issuing a direction for expeditious disposal of an application under Section 125 Cr.P.C.
The Court mentioned the decision of the full bench of Madhya Pradesh HC in Rajesh Shukla v. Meena & Anr..: 2005 CRILJ 3800 and quoted, “From perusal of the scheme of the Act, it is clear that Family Court exercises two types of powers. Cases except the case under Chapter IX of the Code are decided by the Family Court as a District Court. The Family Court while dealing with the proceedings under Chapter IX of the Code Family Court exercises the jurisdiction of a Judicial Magistrate First Class."
Accordingly, the Court rejected the preliminary objection raised by the opposite party and proceeded to examine the merits of the case.
The Court noted that the proviso appended to Section 125(1) Cr.P.C. provides that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.
The Court said that it would be expedient in the interest of justice that a direction be issued to the Family Court for expeditious disposal of the application for interim maintenance.
Accordingly, the Court allowed the Petition and directed the Judge to dispose of the pending application for payment of interim maintenance to the petitioners expeditiously, keeping in view the statutory mandate contained in the third proviso appended to Section 125(1) Cr.P.C.
Cause Title: Shiva Pankaj v. State of U.P. (Neutral Citation: 2024:AHC-LKO:42668)
