Single judge directed the courts below to decide a pending maintenance application under Section 125 Cr.P.C. within six months without unnecessary adjournments.
Direction to decide pending maintenance case under Section 125 Cr.P.C. expeditiously within six months.
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Court No. - 88
Case :- APPLICATION U/S 482 No. - 34192 of 2022
Applicant :- Elma Islam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anup Kumar Khare Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material placed on record.
It is submitted by learned counsel for the applicant that the applicant no. 1 has filed an application for maintenance under Section 125 Cr.P.C. on 10.04.2018 . The applicant no.1 has no source of income for her as well as her minor son's livelihood and she is fully dependent upon her parents. In the aforesaid case several dates have been fixed but till date the application has not been decided which may be directed to be decided expeditiously.
Be that as it may, without expressing any opinion on the merits of the applicant's case, this application U/s 482 Cr.P.C. is finally disposed of with a direction to the courts below to decide the Case No.324 of 2018 (Alma Islam and another vs. Aslam Israr) under Section 125 Cr.P.C., pending in the court of Principal Judge, Family Court, Allahabad in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of receipt of a certified copy of this order.
Order Date :- 15.11.2022 MN/-
Digitally signed by MAHENDRA NATH Date: 2022.11.16 16:46:01 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the maintenance application under Section 125 Cr.P.C. pending before the Family Court, Allahabad, should be disposed of expeditiously?
2 provisions across 1 enactments
Elma Islam
State of U.P.
Syed Aftab Husain Rizvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
