The High Court disposed of an application under Section 482 Cr.P.C. directed the lower court to decide a pending execution case regarding maintenance for a three-month period.
Directed the lower court to decide Execution Case No. 527 of 2021 within three months.
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Court No. - 90
Case :- APPLICATION U/S 482 No. - 33787 of 2022
Applicant :- Mariyam Nisha Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dinesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant and the learned AGA for the State.
The present application u/s 482 Cr.P.C. has been filed with a prayer to direct the learned court below to decide Execution Case No. 527 of 2021 (Mariyam Nisha Vs. Mohd. Lukman), under Section 128 Cr.P.C., P.S. Gauri Bazar, District- Deoria, pending in the court of Addl. Principal Judge, Court No. 1, Deoria expeditiously within stipulated period.
Learned counsel for the applicant has submitted that applicant is the wife of opposite party No. 2 and vide order dated 17.6.2016, the opposite party No. 2 was directed to pay maintenance of Rs. 5000/- per month. Against the said order, the applicant filed revision, which was allowed vide order dated 10.2.2021 and the opposite party No. 2 by the revisional order, was directed to pay a sum of Rs. 10,000/- per month to the applicant. Consequent thereto, the applicant filed an Execution Case No. 527 of 2021, which is still pending before the court below and has been lingering-on, on one pretext or the other.
In view of the above, the court below 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.
With the aforesaid observations, the application u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 20.10.2022 KU
Digitally signed by KALIM UDDIN SIDDIQUI Date: 2022.10.21 10:18:49 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Hon'ble Court should direct the lower court to decide the pending execution case expeditiously.
2 provisions across 1 enactments
Mariyam Nisha
State of U.P.
Mohd. Lukman
Rajiv Gupta
Kalim Uddin Siddiqui
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
