Disposed

Ayushi Singh v. State of U.P. and Another

Allahabad HC6 Jun 2023A482/21339/2023

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. directed the Family Court to expedite disposal of a pending Section 125 Cr.P.C. maintenance case. The court ordered the judge to ensure the presence of the opposite party and conclude proceedings within six months, citing avoiding tactics by the respondent.

What did the court decide?

Direction to the Family Court to conclude proceedings under Section 125 Cr.P.C. within six months ensuring presence of the opposite party.

Ayushi Singh Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:124876

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 21339 of 2023 Applicant :- Ayushi Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pallavi Rani Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard Ms. Pallavi Rani, learned counsel for applicant, learned A.G.A. for the State and perused the record.

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The present application U/s 482 Cr.P.C. has been filed by applicant for a direction to court below to decide the Case No.81 of 2022 (Ayushi Singh Vs. Vikram Singh Bhadauriya), under Section 125 Cr.P.C., P.S. Chaubepur, District Varanasi, pending in the court of Additional Principal Judge, Court No.3, Family Court, Varanasi, within a stipulated period.

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It is submitted by learned counsel for applicant that applicant is deserted wife of opposite party no.2 and had filed an application under Section 125 Cr.P.C. for claiming maintenance and the case was registered as Case No.81 of 2022. It is further submitted that the notices were issued to the opposite party no.2. The opposite party no.2 has full knowledge about the pendency of present case but he is repeatedly avoiding the service of notice only to delay the disposal of case. Lastly, it is submitted that on account of delaying tactics adopted by opposite party no.2, the case could not be proceeded and is still pending since 2022.

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Considering the facts and circumstances of the case and without commenting on merits, the Additional Principal Judge, Court No.3, Family Court, Varanasi is directed to ensure the presence of opposite party no.2 and to conclude the proceedings and decide the Case No.81 of 2022 (Ayushi Singh Vs. Vikram Singh Bhadauriya), under Section 125 Cr.P.C., P.S. Chaubepur, District Varanasi, preferably within a period of six months from the date of production of certified copy of this order, unless there is any legal impediment.

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With the aforesaid direction, the present application U/s 482 Cr.P.C. is disposed of.

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Order Date :- 6.6.2023 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Ayushi Singh v. State of U.P. and Another

Case brief

What is this about?

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Ayushi Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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