Sabiha Khatoon and Another Vs State of U.P. and Another

Court No. - 91

Case :- APPLICATION U/S 482 No. - 39940 of 2022

Applicant :- Sabiha Khatoon And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Bahadur Yadav,Sanjeev Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Sri Ajay Bahadur Yadav, learned counsel for the applicants and learned A.G.A. for the State.

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It is submitted on behalf of the applicants that applicant no.1 happens to be wife of opposite party no.2 and applicant no.2 a minor daughter aged about 6 years. Compelled by circumstances, she was forced to file an application under section 125 Cr.P.C. before the Family Court, Deoria in the year 2018. However, the case is proceeding at a snail's pace and the applicants are suffering as they are having no means of sustenance. The only prayer, in these circumstances, is that learned court below may be directed to decide the case in expeditious manner within a prescribed time period.

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I went through the papers on record in the light of submissions of the applicants; it appears that the application under section 125 Cr.P.C. was filed in the month of May, 2018 and has been pending since then. Even the application for interim maintenance came to be decided after lapse of several years in the month of March, 2022.

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In view of the above, the prayer does not appear to be unjustified and because of it being innocuous in nature, the matter is being decided without issuing notice to the opposite side.

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The learned court below is directed to expedite the hearing of the case and to decide the same preferably within a period of six months, if no legal impediment is there in proceeding with the same.

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Accordingly, the matter is disposed of .

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Order Date :- 14.12.2022 Saif

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Digitally signed by SHAIKH SAIF ABDIN Date: 2022.12.14 17:01:19 IST Reason: Location: High Court of Judicature at Allahabad

Sabiha Khatoon and Another v. State of U.P. and Another

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Sabiha Khatoon and Another v. State of U.P. and Another

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