Disposed

Smt. Shanti Yadav v. Principal Judge, Family Court, Court No. 1, Lucknow and Another

Allahabad HC31 May 2022/2001/2022

Case brief

AI extract

What is this about?

Petition for execution of a writ petition under Article 227 seeking direction to dispose of a pending Section 125 Cr.P.C. case filed for maintenance due to acute shortage of money, with a prayer for expedited decision within three months.

What did the court decide?

Directions to decide the pending Criminal Case No. 217 of 2009 under Section 125 Cr.P.C. expeditiously within three months.

Smt. Shanti Yadav Vs Principal Judge… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 11

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Case :- MATTERS UNDER ARTICLE 227 No. - 2001 of 2022 Petitioner :- Smt. Shanti Yadav Respondent :- Principal Judge, Family Court, Court No. 1, Lucknow And Another

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Counsel for Petitioner :- Om Chandra Sahu

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State.

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In view of the proposed order, the notice to opposite party No.2 is hereby dispensed with.

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By means of this writ petition, the petitioner has prayed for the following relief:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the opposite party No.1 to consider and decide the Criminal Case No.217 of 2009 (Smt. Shanti Yadav & another vs. Sri Ajeet Singh Yadav) under Section 125 Cr.P.C., pending since 20.03.2009, expeditiously and within a stipulated time."

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Learned counsel for the petitioner has submitted that for redressal of her grievance, the petitioner has filed Criminal Case No.217 of 2009 (Smt. Shanti Yadav & another vs. Sri Ajeet Singh Yadav), under Section 125 Cr.P.C. before the learned Principal Judge, Family Court, Court No.1, DistrictLucknow, which is contained as Annexure No.1 to the writ petition, but till date, no final order has been passed and the petitioner is facing acute shortage of money.

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Learned counsel for the petitioner after arguing the matter at some length has prayed that ends of justice would suffice if necessary direction is issued to the authority concerned for disposal of the aforesaid criminal case of the petitioner with expedition.

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Learned counsel for the opposite parties has no objection if direction for disposal of the said criminal case is issued.

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In view of the above, without entering into merits of the issue, the instant writ petition is disposed of finally at the admission stage directing the opposite party No.1 i.e. the Principal Judge, Family court, Court No.1, District-Lucknow to decide the Criminal Case No.217 of 2009 (Smt. Shanti Yadav & another vs. Sri Ajeet Singh Yadav) under Section 125 Cr.P.C., pending

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since 20.03.2009, which is contained as Annexure No.1 to the writ petition, strictly in accordance with law by affording an opportunity of hearing to the parties concerned, with expedition, preferably within a period of three months from the date of receipt of a certified copy of this order.

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Accordingly, the writ petition is disposed of finally.

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Order Date :- 31.5.2022 [Rajesh Singh Chauhan,J.] Suresh/

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Digitally signed by SURESH CHANDRA Date: 2022.06.02 14:09:31 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Smt. Shanti Yadav v. Principal Judge, Family Court, Court No. 1, Lucknow and Another

Case brief

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Smt. Shanti Yadav v. Principal Judge, Family Court, Court No. 1, Lucknow and Another

Case brief

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