High Court, treating this as an application under s. 482 CrPC, directed the Family Court to expeditiously decide the pending maintenance case within three months of receiving a certified copy of this order.
Direction to the trial court to expedite and dispose the pending maintenance case within three months.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 10194 of 2019
Applicant :- Pushpa Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By way of the instant application, the applicant has prayed for a direction to the court below to decide the case no. 595 of 2016 (Pushpa Vs. Harishanker) under section 125 Cr.P.C. P.S. Highway, district Mathura pending in the court of Principal Judge, Family Court, Mathura within a stipulated period.
In this case, the applicant happens to be complainant and she seeks disposal of the aforesaid case on the ground that proceedings have been initiated and opposite party no.2, has not appeared before the court below and the applicant being wife of opposite party no.2 suffers great harassment.
I have considered the submissions advanced by learned counsel for the applicant and perused the record.
Obviously, the court below is under obligation to expedite the proceeding adhering to the provision of Section 309 Cr.P.C.
In this view of the matter, this application is disposed of with the direction that the trial court will expedite and dispose the aforesaid case in accordance with law
expeditiously from the date of production of a certified copy of this order before it after affording opportunity of hearing to the parties concerned preferably within three months.
Order Date :- 1.5.2019 N.A.
1 issue framed by the court
Whether the High Court should direct the trial court to dispose the maintenance proceeding expeditiously three months.
3 provisions across 1 enactments
Pushpa
State Of U.P.
Harishanker
Arvind Kumar Mishra-I,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
