Disposed
Rekha Devi v. Chandu Bind
Allahabad HCA227/7374/2023
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No. - 2023:AHC:140258 Court No. - 79 Case :-…
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No. - 2023:AHC:140258 Court No. - 79 Case :-…
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Neutral Citation No. - 2023:AHC:140258
Court No. - 79
Case :- MATTERS UNDER ARTICLE 227 No. - 7374 of 2023
Petitioner :- Rekha Devi Respondent :- Chandu Bind Counsel for Petitioner :- Shri Prakash Dwivedi,Gunjan Dwivedi
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Kaushlendra Shukla, Advocate holding brief of Sri Shri Prakash Dwivedi, learned counsel for petitioner and perused the record.
This petition under Article 227 of the Constitution of India has been filed by petitioner seeking a direction to the Principal Judge, Family Court, Mirzapur to decide the Case No.232 of 2022 (Rekha Devi Vs. Chandu Bind) under Section 125(3) Cr.P.C., within a stipulated time period.
It is submitted by learned counsel for petitioner that petitioner had filed an application under Section 125 Cr.P.C. on 30.7.2014 claiming maintenance against the respondent which was registered as Case No.354 of 2014 (Rekha Devi Vs. Chandu Bind). The application for maintenance was allowed by the Principal Judge, Family Court, Mirzapur vide judgment and order dated 4.4.2020, directing the respondent to pay Rs.3,500/- per month as maintenance to the petitioner. It is further submitted that in spite of judgment and order dated 4.4.2022 nothing has been paid towards maintenance by the respondent. The petitioner had filed an application under Section 125(3) Cr.P.C. for execution of order dated 4.4.2022. The respondent had already put in appearance before the Family Court but on account of delaying tactics adopted by respondent husband the application filed under Section 125(3) Cr.P.C. could not be decided and is still pending for disposal since 2022.
Considering the facts and circumstances of the case and without commenting on the merits of the case, learned Principal Judge, Family Court, Mirzapur is directed to decide the aforementioned case expeditiously in accordance with law after providing reasonable opportunities of hearing to the parties concerned, preferably within a period of three months from the date of production of certified copy of this order, without granting undue adjournments to either of the parties, unless there is any legal impediment.
With the aforesaid directions, the petition is disposed of.
Order Date :- 14.7.2023 Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
Rekha Devi
Chandu Bind
Vipin Chandra Dixit
As recorded by the court registry
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