Petitioner sought direction under Article 227 to decide a pending Section 128 Cr.P.C. application regarding maintenance allowance, noting it had remained stalled for over a year without any order on merits.
Direction to the court below to decide the pending case within eight weeks without unnecessary adjournments.
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Court No. - 49
Case :- MATTERS UNDER ARTICLE 227 No. - 3623 of 2018
Petitioner :- Moni Sahu Respondent :- Naresh Sahu Counsel for Petitioner :- Deepak Singh
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The present petition has been filed seeking a direction to the learned Principal Judge Family Court, Allahabad to decide the Case No. 389 of 2017 (Smt. Moni Sahu Vs. Naresh Sahu), under Section 128 Cr.P.C.
Learned counsel for the petitioner submits that while the order had been passed on 11.4.2017 under Section 125 Cr.P.C. providing for maintenance allowance to the petitioner and her daughter (Rs. 5000/- (in all) from the date of that order, no amount has been made available to the petitioner till date. It is then submitted that the proceeding under Section 128 Cr.P.C. instituted on 12.5.2017 has remained pending for more than one year wherein the respondent no.2 has also been served.
Considering the fact that the proceeding has remained pending since 2017 and without expressing any opinion on the merits of the case, the petition is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, without granting any unnecessary or long adjournments as expeditiously as possible, preferably within a period of eight weeks from the date of production of a certified copy of this order, if there is no other legal impediment
Order Date :- 21.5.2018
Mini
1 issue framed by the court
Whether the Family Court must decide the pending application for inquiry under Section 128 Cr.P.C. within eight weeks to prevent inordinate delay.
Moni Sahu
Naresh Sahu
Saumitra Dayal Singh
As recorded by the court registry
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