The Single Judge issued an order under Section 482 Cr.P.C. regarding pending execution of a maintenance decree, directing the lower court to decide the application within two months via a speaking order.
Directed the court below to decide the execution case via a reasoned order within two months of this order's production.
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Court No. - 76
Case :- APPLICATION U/S 482 No. - 46448 of 2019
Applicant :- Smt. Gayatri Devi @ Gudiya Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Brijesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Brijesh Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with a prayer to direct the opposite party no. 2 to make payment of arrears of maintenance to the applicant in one installment as per order dated 16.04.2014 in Case No. 132 of 2014 (Smt. Gayatri Devi Vs. Raghvendra Singh) under Section 125(3) Cr.P.C., Police Station Akbarpur, District Kanpur Dehat, pending in the court of Additional Chief Family Judge, Kanpur Dehat.
It has been submitted by the learned counsel for the applicant that the applicant is the wife of the opposite party no. 2. An application under Section 125 Cr.P.C. was moved by the applicant for maintenance on 15.09.2008 before learned court of Civil Judge (Junior Division), Court No. 5, Kanpur Dehat and the same has been decided on 16.04.2014 directing the opposite party no. 2 to pay Rs.5,000/- per month as maintenance to the applicant from the date of the application.
It has been next submitted that execution case was registered as Misc. Case No. 132 of 2014 which is still pending, in spite of the order dated 24.11.2017, the opposite party no. 2 is not paying the maintenance amount to the applicant.
Considering the facts and circumstances of the case and without expressing any opinion of the merit of the case, this application under Section 482 Cr.P.C. is disposed of by providing that the court below shall consider and decide the Execution Case No. 132 of 2014 in accordance with law by means of reasoned and speaking order, preferably, within a period of two months from the date of production of certified copy of this order, without granting any unnecessary adjournment, if there is no other legal impediment.
Order Date :- 17.12.2019 Priya
1 issue framed by the court
Whether the execution case regarding maintenance arrears should be expedited by a reasoned order under Section 482 Cr.P.C.
2 provisions across 1 enactments
Smt. Gayatri Devi @ Gudiya
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
