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Judgment
Ajay Mohan Goel, Judge (Oral)
By way of this petition, the petitioner has, inter alia, prayed for the following relief:-
“It is, therefore, respectively prayed that the present petition may kindly be allowed, record of the case may kindly be called for and impugned order dated 5.3.2024 passed by the ld. Family Court Sirmour, District at Nahan, in Cr.M. Petition No.16-Cr.M/4 of 2023 may kindly be quashed and set aside.”
2 Having heard learned Senior Counsel for the petitioner, as also learned Counsel for the respondent and more so in light of the orders which were passed by this Court earlier on 02.05.2024 and thereafter, on 25.03.2025, we are of the considered view that interest of justice would be served in case these proceedings are closed without interfering with the order under challenge, but with the observation that the application filed by the respondent herein for grant of maintenance under Section 125 of the Criminal Procedure Code, pending before the learned court below, be decided within a time-bound period.
The petition is accordingly disposed of with the direction that the proceedings pending before the learned Principal Judge, Family Court, Sirmour, be disposed of expeditiously and preferably by 31.03.2027. All the pleas that have been raised by the petitioner in the present case can be raised by the petitioner before the learned Court below. However, it is clarified that we have not made any observation on the merits of the case and of course, the petition which is pending before the learned Court below shall be decided by the Court on the basis of the pleadings which are before the said court as well as the evidence that may be led by the parties in support of their respective contentions. The parties are expected to render full assistance to the learned Court below for the adjudication of the case well before the date which has been fixed by the Court. The amount which has been deposited by the petitioner before this Court is ordered to be released in favour of the respondent, however, release thereof shall abide by the final outcome of the proceedings, which are before the learned Principal Judge, Family Court concerned. Parties through Counsel are directed to appear before the learned Court below on 12.10.2026. Pending miscellaneous application(s), if any, also stand disposed of accordingly.