This Single Judge order disposed of an application under Section 482 Cr.P.C. directing the lower Family Court to decide a pending maintenance case expeditiously.
Direction to the court below to decide the pending case expeditiously within six months without unnecessary adjournments.
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Court No. - 44
Case :- APPLICATION U/S 482 No. - 15237 of 2022
Applicant :- Smt. Rounak Malaviya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar,Pranay Kumar Patel Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.
This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Case No. 840 of 2019 ( Smt. Raunak Malaviya Vs. Ankit Malaviya) under Section 128 Cr.P.C., P.S. Atarsuiya, District Allahabad pending in the Court of Principal Judge Family Court, Allahabad.
Counsel for the applicant submits that applicant has filed application under Section 128 Cr.P.C. which is pending before the court below since last three years.
Considering the fact that the application has remained pending since 13.9.2018 and without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, without granting any unnecessary or long adjournments to either of the parties, as expeditiously as possible, preferably within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 21.6.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.06.24 10:57:03 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court can direct the Family Court to dispose of a pending maintenance application expeditiously without unnecessary adjournments.
2 provisions across 1 enactments
Smt. Rounak Malaviya
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
