Disposed

Rani v. State of U.P. and Another

Allahabad HC19 Sept 2022A482/24918/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court directed the Family Court Judge, Azamgarh, to conclude pending execution proceedings under Section 128 Cr.P.C. regarding maintenance within six months due to a delay of over four and a half years.

What did the court decide?

Directed the court below to decide the execution proceedings within six months from the date of service of this certified order.

Rani Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2022)

¶1

Court No. - 89

¶2

Case :- APPLICATION U/S 482 No. - 24918 of 2022

¶3

Applicant :- Rani Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Narendra Kumar,Ram Dular Yadav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Sameer Jain,J.

¶5

Heard Sri Narendra Kumar , learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-1 for the State and perused the record.

¶6

By way of the present application, the applicant made a prayer to give direction to the court below to conclude the proceedings of Execution Case No.19 of 2018 (Rani Vs. Vinod Kumar Yadav), under Section 128 Cr.P.C., Police Station Sidhari, District Azamgarh, pending in the court of Family Court Judge, Azamgarh, expeditiously within stipulated period of time.

¶7

Learned counsel for the applicant submitted that the applicant is the wife of opposite party no.2 and an order under Section 125 Cr.P.C. was passed in her favour on 27.7.2017 but inspite of that opposite party no.2, the husband of applicant did not comply the order passed under Section 125 Cr.P.C. and, therefore, applicant who is having no means of any income had to move an application under Section 128 Cr.P.C. on 18.1.2018, which is still pending, although, more than four and half years has been passed.

¶8

Learned counsel for the applicant further submitted that the opposite party no.2, the husband of the applicant is not providing any maintenance allowance to the applicant and applicant is not able to maintain herself, therefore, it is necessary to direct the court below to conclude the proceedings of execution case filed by the applicant, expeditiously within stipulated period of time.

¶9

Learned AGA is having no objection, if any, such direction is given to the court below.

¶10

I have heard learned counsel for the parties and perused the record.

¶11

The applicant is the wife of opposite party no.2 and her application moved under Section 125 Cr.P.C. was allowed on 27.7.2017 and opposite party no.2 was directed to pay the maintenance allowance to the applicant but inspite of that opposite party no.2 failed to comply the order dated 27.7.2017

¶12

passed under Section 125 Cr.P.C., therefore, the applicant had to file an execution application under Section 128 Cr.P.C. for execution of the order dated 27.7.2017 in the month of January, 2018 which is still pending. As the execution application filed by the wife is pending for last more than 4 and half years, therefore, in view of the matter, it is directed that the court below shall decide the execution proceedings initiated by the applicant against opposite party no.2 within a period of six months from the date of production of a certified copy of this order, in accordance with law, if there is no legal impediment.

¶13

With the above observations, the application is disposed of. Order Date :- 19.9.2022 Mini

¶14

Digitally signed by MINI KANAUJIYA Date: 2022.09.21 13:45:52 IST Reason: Location: High Court of Judicature at Allahabad

Rani v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rani v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manager Mehram Singh @ Mehram Singh Vs State of U.P. and Another

Smt. Munisha Devi Vs State of U.P.and Another

Smt Neetu Vs State of U.P. and Another

Ajay Kumar Pandey Vs State of U.P. and Another

Dharmendra Vs State of U.P. and 2 Others

Darshan Singh and 3 Others Vs State of U.P. and Another