Petitioner sought a direction to decide a pending execution petition under Section 128 Cr.P.C. regarding a maintenance order. The High Court directed the Family Court to decide the matter expeditiously within two months.
Direction to the Family Court to decide the pending execution petition expeditiously within two months.
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Court No. - 73
Case :- MATTERS UNDER ARTICLE 227 No. - 3485 of 2022
Petitioner :- Seema Chauhan Respondent :- State of U.P. and Another Counsel for Petitioner :- Sharad Chand Rai,Harsh Tripathi Counsel for Respondent :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
By means of this petition under Article 227 of the Constitution of India, the applicant has made a prayer to get decided her execution no. 185 of 2019, Seema Chauhan Vs. Ajay Chauhan, under Section 128 Cr.P.C. pending before the Additional Principal Judge, Family Court No. 2, Azamgarh, within the stipulated period as determined by this court.
As the execution is regarding the order under section 125 Cr.P.C. and the same is pending since 2019, hence, the application is disposed of with the direction to the court concerned to decide the aforesaid execution of the applicant expeditiously preferably within a period of two months from the date of receiving the certified copy of this order.
Order Date :- 3.6.2022 Gss
Digitally signed by GIRAJA SHANKER SHARMA Date: 2022.06.03 13:37:20 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should direct concerned Family Court to expeditiously decide a pending execution petition under Section 128 Cr.P.C.
3 provisions across 2 enactments
Seema Chauhan
State of U.P.
Another
Sadhna Rani Thakur
Giraja Shanker Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
