This is a writ petition under Article 227 directing the Principal Judge, Family Court, Jhansi to decide a pending maintenance case (Meenu Raikwar vs. Ganesh Raikwar) expeditiously without unnecessary adjournments.
A direction to decide the case expeditiously within 6 months without unnecessary adjournments.
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Neutral Citation No. - 2023:AHC:217002
Court No. - 81
Case :- MATTERS UNDER ARTICLE 227 No. - 11193 of 2023
Petitioner :- Smt. Meenu Raikwar And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Ajay Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State respondents.
By means of present writ petition, the petitioner, who are applicants before the court below, with a prayer to direct the court below i.e. Principal Judge, Family Court, Jhansi to hear and decide the Case No. 845 of 2022 (Meenu Raikwar and others vs. Ganesh Raikwar), under Section 127 Cr.P.C., P.S. Sipri Bazar, District Jhansi, pending before learned Principal Judge, Family Court, Jhansi expeditiously within a stipulated time.
On perusal of record, it appears that adjournments are being taken by opposite party No.2 resulting delay in disposal of present case. The case has been filed by the petitioners to enhance the amount of maintenance awarded to them by the court below.
Considering the fact that the trial is pending since 2022, without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of 6 months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 9.11.2023 Kamarjahan
Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Family Court should decide the pending maintenance petition expeditiously without unnecessary adjournments.
Whether the High Court can direct the subordinate court to dispose of the case within a stipulated time.
Smt. Meenu Raikwar and Another
State of U.P. and Another
Ram Manohar Narayan Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
