Disposed

Smt. Arti Kumari Kanojia and Another v. State of Up and Another

Allahabad HC4 Jul 2019A482/24584/2019

Case brief

AI extract

What is this about?

This order addresses an application to quash a Family Court order recalling an ex-parte maintenance decree after exceeding the limitation period. The court found no infirmity but directed expedited disposal pending the final decision.

What did the court decide?

Application disposed of with direction to decide matter within three months and expedited disposal of interim maintenance applications.

Smt. Arti Kumari Kanojia and Another Vs State of… — Maintenance and Alimony | Allahabad HC (2019)

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Court No. - 65

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Case :- APPLICATION U/S 482 No. - 24584 of 2019

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Applicant :- Smt. Arti Kumari Kanojia And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Mohammad Asif Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh-I,J.

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Heard Sri Mohammad Asif, learned counsel for the applicants, Sri A.D. Misra, learned A.G.A. appearing for the State and perused the record.

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This application under Section 482 Cr.P.C has been moved with a prayer to quash the order dated 25.4.2019 passed by the Additional Principal Judge, Family Court, Court No.5, Kanpur Nagar passed in Case No.369 of 2018, under Sections 126(2) Cr.P.C. (Brijesh Kumar Kanajia Vs. Smt. Arti Kumari Kanojiya & Another), in Case No.354 of 2015 (Smt. Arti Vs. Brijesh Kumar Kanojia), under Sections 125 Cr.P.C., PS. Chakeri, District Kanpur Nagar wherby it allowed the application of the opposite party no.2, under Section 126(2) Cr.P.C. and set aside Ex-parte order dated 21.11.2016 and restored the Case No. 354 of 2015( Smt. Arti Vs. Brijesh Kumar Kanojia), under Sections 125 Cr.P.C., P.S. Chakeri, District Kanpur to its original number and a date has been fixed as 18.5.2019 for hearing and to quash the entire proceedings of the aforesaid case and also a prayer is made to stay the proceedings in this case till the disposal of this application.

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It is contended by the learned counsel for the applicants that the Trial Court has recalled the judgement and order dated 21.11.2016 which was passed ex-parte erroneously

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after allowing the application under Section 5 of Limitation Act, condoning the delay of more than two years.

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Learned A.G.A. has vehemently opposed the prayer for quashing of the impugned order.

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Perused of the impugned order. The Trial Court has recorded in its order that the opposite party no.2 came to know about passing of the said ex-parte judgement only when realization warrant was issued against him and earlier there is no service effected upon him and accordingly, the Trial Court has allowed the said ex-parte judgement subject to a cost of Rs. 2,500/- condoning the delay. I do not find any infirmity in the said order.

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However, looking to the fact that the same has been recalled after the delay of more than two years, it would be appropriate to issue a direction to the Trial Court to decide this matter within a period of three months, positively and accordingly it is directed. In the meantime, if any application for interim maintenance is moved by the application no.1 and 2, the same shall be disposed of in accordance with law forthwith expeditiously.

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With aforesaid direction, this application is finally disposed of.

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Order Date :- 4.7.2019 Neeraj

Smt. Arti Kumari Kanojia and Another v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Smt. Arti Kumari Kanojia and Another v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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