This order grants maintenance in a Section 482 Cr.P.C. application by directing the Family Court to decide a pending Section 125 Cr.P.C. case within six months without unnecessary adjournments.
Direction to the Family Court to decide the pending maintenance case within six months without unnecessary adjournments.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 43582 of 2019
Applicant :- Rohani Raj Gaur And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Kamlesh Kumar Tiwari, learned counsel for the applicants as well as the learned A.G.A. and perused the material placed on record.
The applicants, by way of filing the present application, has sought for a direction to the court below to decide the case No.610 of 2018 (Rohani Raj Gaur Versus Rajeev Kasyap) under Section 125 Cr.P.C., Police Station Gulariha, District Gorakhpur, pending before Principal Judge, Family Court, Gorakhpur within a stipulated period.
Learned counsel for the applicants has stated that the applicant no.1 has filed application under Section 125 Cr.P.C. for maintenance of herself and her two minor children which is pending for one year. It is stated that the applicant is at the stage of vagrancy, therefore a direction may be issued to the court below to decide the same within a fixed time frame.
In view of aforesaid, the concerned court is directed to expedite the aforesaid case and decide the same in accordance with law without granting unnecessary 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 legal impediment.
In the light of above, this application under Section 482 Cr.P.C. stands disposed of.
Order Date :- 6.12.2019 MN/-
1 issue framed by the court
Whether an application under Section 482 Cr.P.C. should direct the Family Court to decide a pending maintenance case within a stipulated period.
1 provisions across 1 enactments
Rohani Raj Gaur and 2 Others
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
