Disposed

Reeta Devi and Another v. State of U.P.and Another

Allahabad HC4 Jul 2022A482/6215/2022

Case brief

AI extract

What is this about?

High Court directed the trial court to dispose of pending execution proceedings for maintenance and residence under the Domestic Violence Act within eight weeks, noting the respondent's failure to comply with a prior order.

What did the court decide?

Direction to the trial court to decide the pending execution application within eight weeks from the date of production of a certified copy of this order.

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

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 6215 of 2022

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Applicant :- Reeta Devi And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Om Prakash Vishwakarma Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Om Prakash Vishwakarma, learned counsel for the applicants, Sri Arvind Kumar, learned AGA for the State and perused the record of the case.

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By way of present application, applicants made prayer to direct the court below to decide the Misc. Application No. 98 of 2018 (Reeta Devi and another Vs. Sanjay Kumar and others) pending in the court of Civil Judge (J.D.)/Judicial Magistrate, Court No.37, Jaunpur for execution of order dated 27.09.2018 passed in Case No. 102 of 2011, under the provisions of Protection of Women for Domestic Violence Act, 2005.

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Learned counsel for the applicants submitted that applicant no.1 is the wife of opposite party no.2 whereas applicant no.2 is his minor daughter and in application under Section 12 of Domestic Violence Act on 27.09.2018 an order under Sections 19 and 20 of Domestic Violence Act was passed in favour of the applicants, but in spite of that opposite party no.2 neither providing any room to the applicants in his house nor the maintenance allowance of Rs. 4000/- per month as directed by the trial court vide order dated 27.09.2018, therefore, applicants had to file an execution case before the trial court in the year 2018, which is still pending, therefore, trial court should be directed to decide the same as expeditiously as possible within stipulated time.

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Learned AGA submits that he is having no objection if any such direction is issued to the trial court for disposal of the execution case pending since 2018.

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I have heard both the parties and perused the record of the case.

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Applicant no.1 is the wife of opposite party no.2 and applicant no.2 is his minor daughter and on 27.09.2018, the application moved by the applicants under Section 12 Domestic Violence Act, was allowed by the trial court with a direction that opposite party no.2 shall provide a room in his house to the applicants and further he will also give Rs. 4000/- per month to them as

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maintenance but, in spite of the order dated 27.09.2018, opposite party no.2, the husband, failed to provide any room in his house to the applicants and further no maintenance allowance was also given as directed by the trial court vide order dated 27.09.2018, therefore, applicants had to file execution proceedings in the year 2018, which is still pending, therefore, in view of the matter trial court is directed to dispose of the proceedings of Misc. Application No. 98 of 2018 within eight weeks from the date of production of a certified copy of this order, if there is no legal impediments.

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With these observations and directions, the present application is disposed of.

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Order Date :- 4.7.2022 AK Pandey

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Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.07.05 12:48:29 IST Reason: Location: High Court of Judicature at Allahabad

Reeta Devi and Another v. State of U.P.and Another

Case brief

What is this about?

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Reeta Devi and Another v. State of U.P.and Another

Case brief

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What did the court decide?

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