Allowed

Smt. Savitri Tiwari Alias Swami Devi v. Manish Kumar Tiwari and Another

Allahabad HC24 Nov 2020A227/3376/2020

Case brief

AI extract

What is this about?

Held that proceedings under Section 125 Cr.P.C must be expedited to fulfill legislative intent. Directs Family Court to decide the pending application within four months. Requires self-attested verified order and hearing opportunity for the second respondent.

What did the court decide?

Directed to decide application under Section 125 Cr.P.C within four months; ensure second respondent is heard and cooperates.

Smt. Savitri Tiwari Alias Swami Devi Vs Manish… — Maintenance and Alimony | Allahabad HC (2020)

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Court No. - 83

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Case :- MATTERS UNDER ARTICLE 227 No. - 3376 of 2020

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Petitioner :- Smt. Savitri Tiwari Alias Swami Devi Respondent :- Manish Kumar Tiwari And Another Counsel for Petitioner :- Manoj Kumar Mishra Counsel for Respondent :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Manoj Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel for the State.

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This petition has been filed seeking the following relief:

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"to direct the learned Principal Judge, Family Court, Allahabad to expedite the Case No. 432 of 2028 (Smt. Savitri Tiwari alisa Swami Devi Vs. Manish Kumar Tiwari) under Section 125 of Criminal Procedure Code"

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Learned counsel for the petitioner contends that the husband of the petitioner has failed to maintain her and her two minor children. The petitioner filed an application under Section 125 Cr.P.C before the family court in the year 2018. The application has not been decided till date. The petitioner and her children do not have any independent source of livelihood and is completely dependent on her husband. The petitioner and her children are on the brink of financial destitution on account of negligent and callous attitude of the husband of the petitioner and his failure to pay maintain the applicant and their children.

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The only prayer made by Sri Manoj Kumar Mishra, learned counsel for the petitioner is that the application may be decided within stipulated period of time.

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Learned A.G.A does not have any objection to the aforesaid prayer.

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The legislative intent Section 125 Cr.P.C is to provide expeditious of financial succour to the dependent spouse and children of the defaulting party. The purpose of grant of maintenance under Section 125 Cr.P.C shall be defeated, if the said proceedings are kept pending indefinitely. Delay in deciding the application under Section 125 Cr.P.C will frustrate the legislative object of enacting the provision. In the facts of this case it is imperative to set a time frame to decide the application under Section 125 Cr.P.C.

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In the wake of the preceding discussion, the application is

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disposed of with the following directions:

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(i) The learned Principal Judge, family court, Allahabad before whom Case No. 432 of 2018 is pending is directed to decide the application under Section 125 C.P.C in accordance with law within a period of four months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad.

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The computer generated copy of such order be self attested by the petitioners (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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(ii) An opportunity of hearing shall be given to the respondent no. 2.

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(iii) The respondent no. 2 shall cooperate with the proceedings before the learned trial court.

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(iv) The learned trial court if necessary shall proceed on a day to day basis to ensure that the above stipulated time period of four months is strictly adhered to.

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The writ petition is disposed of finally.

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Order Date :- 24.11.2020 Nadeem Ahmad

Smt. Savitri Tiwari Alias Swami Devi v. Manish Kumar Tiwari and Another

Case brief

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Smt. Savitri Tiwari Alias Swami Devi v. Manish Kumar Tiwari and Another

Case brief

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