High Court disposed of an application under Section 482 Cr.P.C. directing the Family Court Kaushambi to report on the delay in the maintenance execution case and decide the same within three months.
Direction to submit report within one month and decide execution case within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 87
Case :- APPLICATION U/S 482 No. - 7498 of 2022
Applicant :- Manju Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A for the State and also perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to direct the learned court below to decide the Execution Case No.22 of 2017 (Manju Devi vs. Rajesh) under Section 128 Cr.P.C., Police Station Karari, District Kaushambi, pending before the learned Principal Judge, Family Court, Kaushambi within stipulated time.
It is submitted that application under Section 125 Cr.P.C. has been decided on 12.01.2017 by which opposite party no.2 has been directed to pay an amount of Rs.5,000/- to opposite party no.2 for maintenance. Execution case under Section 128 Cr.P.C. has been filed before the Principal Judge, Family Court on 23.03.2017 but up till now no amount has been recovered from opposite party no.2. From the perusal of order sheet, it reveals that show cause notice has been issued to SO on 23.09.2021 and 10.11.2021.
Thus, this application u/s 482 Cr.P.C. is disposed of with a direction to the learned Principal Judge, Family Court, Kaushambi to submit a report within a period of one month, explaining as to why recovery warrant/NBW issued against opposite no.2, have not been complied with and what action has been taken against the SO concerned, who has not complied the order of the Court and learned Principal Judge, Family Court, Kaushambi is also directed to decide the Execution Case No.22 of 2017 within a period of three months from the production of certified copy of this order.
Order Date :- 14.7.2022 Priya
Digitally signed by PRIYA KUSHWAHA Date: 2022.07.14 16:39:38 IST Reason: Location: High Court of Judicature at Allahabad
Manju Devi
Om Prakash Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
