This writ petition directed the lower court to decide a pending maintenance application under Section 125 Cr.P.C. within six months, preventing long adjournments, and permitted an application for interim relief.
Directed lower court to decide Case No. 77 of 2016 within six months without unnecessary adjournments; petitioner allowed to claim interim maintenance.
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Court No. - 49
Case :- MATTERS UNDER ARTICLE 227 No. - 3840 of 2018
Petitioner :- Simirati Devi Respondent :- Rampher Counsel for Petitioner :- Yashwant Kumar
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner and learned A.G.A for the State as also perused the record.
The present petition has been filed seeking direction to the court below to decide the Criminal Case No. 77 of 2016 (Simirati Devi Vs. Rampher), under Section 125 Cr.P.C., pending before the court of Chief Judge, Family Court, Ghazipur within stipulated period.
Considering the fact that the application under Section 125 Cr.P.C. has remained pending since 2016 and without expressing any opinion on the merits of the case, this 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 to either of the parties as expeditiously as possible, preferably within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment. The petitioner may also file an application claiming interim maintenance allowance.
If for any reason, the court below is unable to decide the aforesaid case within the time granted, it shall necessarily consider and decide the application for grant of interim maintenance, if any, within the same time period.
Order Date :- 25.5.2018 Mini
1 issue framed by the court
Whether the court below should be directed to decide the pending Section 125 Cr.P.C. case without unnecessary delays.
2 provisions across 2 enactments
Simirati Devi
Rampher
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
