This single judge order disposed of an application under Section 482 Cr.P.C. seeking the expeditious disposal of a pending case by the Family Court regarding the enforcement of a maintenance order. The Court directed the Family Court to decide the matter without unnecessary adjournments and submitted a report.
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Court No. - 79
Case :- APPLICATION U/S 482 No. - 17605 of 2020
Applicant :- Anju And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiva Priya Prasad Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and Sri Manu Raj Singh, learned A.G.A. for the State.
The present Application under Section 482 of Cr.P.C. has been filed seeking following relief:
"It is therefore most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application and direct the court below to decide the Case No. 227 of 2018 (Anju Vs. Santosh) filed u/s 128 Cr.P.C. pending in the court of Principal Judge Family Court, Jaunpur dated 05.09.2018 expeditiously within stipulated time so that justice may be done."
The instant matter was taken up on 29.01.2021, wherein the following order was passed:
"The grievance of the applicants is that her application for enforcement of maintenance order dated 13.07.2018, passed by the Principal Judge, Family Court, Jaunpur, in Case No.765 of 2018, Smt. Anju and others Vs. Santosh Rajbhar is pending before that Court since 05.09.2018, with no steps being taken to enforce the maintenance order. The Principal Judge, Family Court, Jaunpur shall submit his report in the matter by 08.02.2021.
Lay this matter as fresh again on 08.02.2021 along with the report of the Principal Judge, Family Court, Jaunpur.
Let this order be communicated to the Principal Judge, Family Court, Jaunpur, by the Joint Registrar (Compliance) within 48 hours."
Perused the order-sheet as well as report dated 02.02.2021 submitted by the Additional Principal Judge, Family Court-I, Jaunpur.
Expeditious disposal of a case is the right of every litigant and it is expected from every court to endeavour to dispose of a case pending before it, expeditiously, without granting unnecessary adjournment to any of the parties. Therefore, the court below is directed to make all possible efforts to decide the aforesaid case expeditiously, in accordance with law, without granting unnecessary adjournment to either of the parties, provided there is no legal impediment.
With the aforesaid direction, this application is finally disposed of.
Order Date :- 19.2.2021 Lbm/-
2 issues framed by the court
Whether Section 482 Cr.P.C. permissible for seeking expeditious disposal of a pending family matter enforcing a maintenance order.
Whether the High Court ought to direct the Family Court to dispose of the pending enforcement case within a stipulated time.
Anju And 2 Others
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
