Coul appellate court quashed lower Family Court orders in a Section 125 Cr.P.C. maintenance case due to rigidity in allowing adjournments, remitting the matter afresh within six months while disallowing unnecessary adjournments.
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 17535 of 2021
Applicant :- Nitish Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Pathak Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This application under section 482 Cr.P.C. has been filed with a prayer to quash the order dated 8.3.2021 passed by Addl. Principal Judge, Family Court, Saharanpur as well as order dated 24.02.2020 passed by Additional Principal Judge Family Court, Saharanpur in Case No. 828 of 2018, under section 125 Cr.P.C. (Sapna Vs. Nitish).
It is contended by learned counsel for the applicant that the matter is urgent in nature as the Principal Judge, Family Court, Saharanpur is adamant to hear the case on the next date fixed and the applicant had been directed to pay the cost and without paying the cost, the matter will proceed exparte. It is further argued that applicant is doing a private job on medical store and earning about Rs. 5,000/- per month and the agricultural land is in the name of his father, so the question of getting income from agricultural land does not arise.
Considering the submissions made by learned counsel for the applicant, learned A.G.A. for the State and the submissions made by learned counsel for the applicant that applicant is poor person and doing the work of labour and court below is adamant to pass an exparte order, considering the same, the order dated 8.3.2021 passed by Addl. Principal Judge, Family Court, Saharanpur as well as order dated 24.02.2020 passed by Additional Principal Judge Family Court, Saharanpur in Case No. 828 of 2018, under section 125 Cr.P.C. (Sapna Vs. Nitish) is hereby quashed and the matter is remitted back to the court below to decide the application afresh within a period of six months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the side.
Accordingly, this application is allowed.
Order Date :- 2.12.2021/RPD
1 issue framed by the court
Whether to quash lower court orders regarding maintenance proceedings and remit matter for fresh decision.
2 provisions across 1 enactments
Nitish Kumar
State of U.P.
Another
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
