Smt Shahida Khatoon and 2 Others Vs Shadab Ahmad Khan

Neutral Citation No. - 2023:AHC:110804

Court No. - 79

Case :- MATTERS UNDER ARTICLE 227 No. - 5855 of 2023

Petitioner :- Smt Shahida Khatoon And 2 Others Respondent :- Shadab Ahmad Khan Counsel for Petitioner :- Hausihla Prasad Mishra

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the petitioners and learned counsel for the respondent.

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This petition has been filed seeking direction to the court below to decide the Execution Case No.1157 of 2021 (Smt. Shahida Khatoon and others Vs. Shadab Ahmad Khan), under Section 128 Cr.P.C., arising out of judgment and award dated 17.06.2019 passed in Maintenance Case No.36 of 2018 (Smt. Shahida Khatoon and others Vs. Shadab Ahmad Khan), under Section 125 Cr.P.C. pending before the court of Principal Judge, Family Court, Gorakhpur within stipulated period.

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It is submitted by learned counsel for the petitioners that the execution case has been pending since 2021 with regard to the recovery of maintenance allowance.

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Considering the fact that the application under Section 128 Cr.P.C. has remained pending since 2021 and 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, without granting any unnecessary or long adjournments to either of the parties as expeditiously as possible, preferably within a period of one monthsfrom the date of production of a certified copy of this order, if there is no other legal impediment. The applicant may also file an application claiming interim maintenance allowance.

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With the above directions, this petition is finally disposed of.

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Order Date :- 19.5.2023 Mini

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Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad

Smt Shahida Khatoon and 2 Others v. Shadab Ahmad Khan

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Smt Shahida Khatoon and 2 Others v. Shadab Ahmad Khan

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