Afsana v. Mohd. Siddiq
Case brief
What is this about?
In a writ under Article 227, the High Court directed the Principal Judge, Family Court, Mau, to decide a pending maintenance execution case within three months without unnecessary adjournments.
What did the court decide?
Direction to decide the execution case expeditiously within three months.
What the court decided
Court No. - 90
Case :- MATTERS UNDER ARTICLE 227 No. - 6663 of 2022
Petitioner :- Afsana Respondent :- Mohd. Siddiq Counsel for Petitioner :- Ram Bilas Prasad
Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed today in Court, is taken on record. Heard learned counsel for the petitioner, the learned AGA for the State and perused the record.
The present matter under Article 227 of the Constitution of India has been filed with a prayer to direct the learned Principal Judge, Family Court, Mau to decide Case No. 89 of 2021 (Afsana Vs. Mohd. Siddiq), under Section 128 Cr.P.C.,DistrictMau expeditiously within stipulated period.
Learned counsel for the petitioner has submitted that petitioner is the wife of opposite party and she had filed an application under Section 125 Cr.P.C. for grant of maintenance, which was allowed by the court below vide order dated 21.11.2020 and the opposite party was directed to pay a sum of Rs. 6000/- per month. Thereafter, the petitioner filed aforesaid execution case, which is still pending and has not been disposed of and has been lingering-on, on one pretext or the other.
In view of the above, Principal Judge, Family Court, Mau is expected to make all endeavours to decide the aforesaid case expeditiously, preferably within a period of three months from the date of filing of certified copy of this order after giving opportunity of hearing to both the parties without giving any unnecessary adjournments to either parties and there is no other legal impediment in deciding the aforesaid case.
Parties & counsel
- petitioner
Afsana
- respondent
Mohd. Siddiq
Coram
Rajiv Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- A227/6663/2022
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