The Court directed the trial court to dispose of the pending maintenance suit within three months without undue adjournments. The application was disposed of without issuing notice to the second opposite party.
Direction to the trial court to decide the maintenance suit within three months without undue adjournments.
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Court No. - 2
Case :- APPLICATION U/S 482 No. - 22627 of 2019
Applicant :- Smt. Neha @ Nirmala Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gaurav Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Gaurav Singh Chauhan, learned counsel for the applicant and Sri I.P.S. Rajput, learned A.G.A. for the State.
This Application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to direct the Additional District and Sessions Judge/IVth Fast Track Court, Additional Family Judge, Bulandshahr to proceed and decide the Suit for Maintenance No. 23 of 2017 (Smt. Neha @ Nirmala Vs. Mayank Jain) under Section 125 Cr.P.C. Police Station-Khurja Nagar, District Bulandshahr, pending in the court of learned Additional District and Sessions Judge/IVth Fast Track Court, Additional Family Judge, Bulandshahr expeditiously within short span of time.
Learned counsel for the applicant states that in pursuance of the order of this court dated 01.02.2018, which was passed in Criminal Misc. Application under Section 482 Cr.P.C. No. 2702 of 2018, directing the court below to decide the case expeditiously, this case was decided by the trial court exparte on 25.07.2018 but thereafter, the same was recalled on 29.04.2019 on cost of Rs.100/-, and since then, the same is pending before the trial court. Hence, a direction may be issued to the court below to the decide the same expeditiously.
It is directed that court below shall make all endeavour to decide this case expeditiously preferably within a period of three months without permitting undue adjournments to either side, if there is no legal hurdle.
Learned counsel for the applicant shall provide a certified copy of this order to the court concerned for expeditious disposal of the case within seven days.
With this direction, this application is disposed of without issuing any notice to O.P. No.2 as it is an innocuous order. If the O.P. No.2 feels aggrieved, he may approach this Court.
Order Date :- 14.6.2019 Neeraj
1 issue framed by the court
Whether to direct the trial court to decide the pending maintenance suit expeditiously within a short period?
Smt. Neha @ Nirmala
State Of U.P.
Mayank Jain
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
