Disposed

Manju Kushwaha and Another v. State of U.P. and Another

Allahabad HC12 May 2023A482/12128/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad disposed of a Section 482 Cr.P.C. application filed by the applicants. The Court directed the family court below to decide the pending maintenance case (Case No. 545 of 2021) under Section 125 Cr.P.C. within six months and the interim maintenance application within ten days, without unnecessary adjournments, as mediation had failed.

What did the court decide?

Direction to the court below to decide the interim maintenance application within 10 days and the maintenance case within 6 months without unnecessary adjournments.

Manju Kushwaha and Another Vs State of U.P. and… — Maintenance and Alimony | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:103208

¶2

Court No. - 68

¶3

Case :- APPLICATION U/S 482 No. - 12128 of 2023

¶4

Applicant :- Manju Kushwaha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Tripathi,Rishabh Srivastava Counsel for Opposite Party :- G.A.

¶5

Hon'ble Mrs. Manju Rani Chauhan,J.

¶6

Heard Mr. Ashish Tripathi, learned counsel for the applicants and Mr. Amit Singh Chauhan, learned A.G.A. for the State.

¶7

This application under Section 482 Cr.P.C. has been filed by the applicants seeking direction to the court below to decide the Maintenance Case No. 545 of 2021, (Manju Kushwaha Vs. Swatantra Kumar Kushwaha), under section 125 Cr.P.C., Police Station Daraganj, District Allahabad, pending in the Court of Additional Prinicipal Judge, Family Court, IV, Allahabad, within stipulated period.

¶8

On 02.05.2022, the following order was passed:-

¶9

"Heard Mr. Ashish Tripathi, learned counsel for the applicants and Mr. Amit Singh Chauhan, learned A.G.A.-I for the State.

¶10

This application under Section 482 Cr.P.C. has been filed by the applicants seeking direction to the court below to decide the Maintenance Case No. 545 of 2021, (Manju Kushwaha Vs. Swatantra Kumar Kushwaha), under section 125 Cr.P.C., Police Station Daraganj, District Allahabad pending in the Court of Additional Prinicipal Judge, Family Court, IV, Allahabad, within stipulated period.

¶11

From the order dated 06.09.2022, it appears that mediation is going on between the parties.

¶12

Let the District Judge, concerned place the comments as regards the status of the present case.

¶13

Put up this matter as fresh on 12th May, 2023.

¶14

Registrar (Compliance) is directed to communicate this order to the concerned authority for necessary action and compliance. "

¶15

In compliance of the aforesaid order, a report from Additional Principal Judge-IV, Family Court, Allahabad has been placed on

¶16

record. The report dated 10.05.2023 mentions about dropping of mediation proceedings between the parties, who could not arrive at any settlement. He also mentions that the interim maintenance application has yet to be decided.

¶17

Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the applicants as well as learned A.G.A., the Court below is directed to decide the application for interim maintenance filed by the applicants, in accordance with law, within a period of 10 days from the date of production of a certified copy of this order as well as decide the aforesaid case ( Case No. 545 of 2021, Manju Kushwaha Vs. Swatantra Kumar Kushwaha, under section 125 Cr.P.C. ), 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 six months from the date of production of a certified copy of this order, if there is no other legal impediment.

¶18

With the above observations, the application stands disposed of .

¶19

Order Date :- 12.5.2023 Rahul.

¶20

Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Manju Kushwaha and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Manju Kushwaha and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pintu Chauhan @ Surya Pratap and Another Vs State of U.P. and Another

M/S Kamal Enterprises Vs State of U.P. and Another

Kalpnath Tiwari Vs State of U.P.

Shoeb Ahmed @ Bobby and 2 Others Vs State of U.P. and Another

Naushad Vs State of U.P.and Another

Ram Singh Yadav Vs State of U.P. and Another