This is an application under Section 482 Cr.P.C. to direct the Principal Judge Family Court, District Hapur, to expedite the pending maintenance case. The High Court directed timely disposal within six months.
Direction to the Court below to decide the pending case under Section 125 Cr.P.C. within six months and avoid adjournments.
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Court No. - 49
Case :- APPLICATION U/S 482 No. - 16725 of 2018
Applicant :- Smt. Nitu Tyagi Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
This application under Section 482 Cr.P.C. has been filed seeking a direction to the Court below to decide the Case No. 22 of 2017 (Nitu Tyagi Vs. Anuj), under Section 125 Cr.P.C., Police Station Babugarh, District Hapur, pending in the Court of Principal Judge Family Court, District Hapur.
Considering the fact that the application has remained pending for very long and without expressing any opinion on the merits of the case, this application 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 six months from the date of production of a certified copy of this order, if there is no other legal impediment. The applicant 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 period.
Order Date :- 14.5.2018 Mini
1 issue framed by the court
Whether the Court below should decide the pending maintenance case without unnecessary adjournments.
2 provisions across 1 enactments
Smt. Nitu Tyagi
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
