Allowed

Namita Pandey and Another v. State of U.P. and Another

Allahabad HC22 Jun 2023A482/21606/2023

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the Allahabad High Court directed the trial court to expedite proceedings under Section 128 Cr.P.C. to enforce a maintenance order. The court ordered the respondent to comply within three months.

What did the court decide?

Directed the Family Court to conclude Section 128 Cr.P.C. proceedings within three months and ensure regular compliance with the maintenance order.

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

¶1

Neutral Citation No. - 2023:AHC:128088

¶2

Court No. - 51

¶3

Case :- APPLICATION U/S 482 No. - 21606 of 2023

¶4

Applicant :- Namita Pandey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Rai,Tahira Shabnam Counsel for Opposite Party :- G.A.

¶5

Hon'ble Nalin Kumar Srivastava,J.

¶6

Heard learned counsel for the applicants and learned A.G.A. for the State.

¶7

This application under Section 482, Cr.P.C. has been filed seeking a suitable direction to the learned Principal Judge, Family Court, Ghazipur to decide the Criminal Misc. Case No.686 of 2022 under Section 128 Cr.P.C. as expeditiously as possible within stipulated time. Further to direct the opposite party no.2 to comply with the order dated 04.04.2022 passed by learned Principal Judge, Family Court, Ghazipur in Criminal Misc. Case No. 368 of 2017 under Section 125 Cr.P.C. and to pay the maintenance as was directed by the learned trial Court.

¶8

From perusal of the record it appears that maintenance order has been passed by the Court of learned Principal Judge, Family Court, Ghazipur on 04.04.2022 in favour of the present applicants. After non-compliance of the said order miscellaneous proceedings under Section 128 Cr.P.C. were initiated. The order seeks thereof are available on record. So far only notice has been sent to the opposite party no.2/ husband. It appears from perusal of the order dated 11.4.2023 that opposite party no.2/ husband appeared before the Court but no maintenance amount was given by him so far to the applicants.

¶9

After hearing the learned counsel for the applicants, learned A.G.A. and after perusing the averments as contained in the present application, this application is finally disposed of with a direction to the trial Court to expedite/ conclude the proceeding under Section 128 Cr.P.C. registered as Criminal Misc. Case No.686 of 2022 and to ensure the compliance of the dated 04.04.2022 on regular basis strictly in accordance with law, preferably within a period of three months from the date of production of a certified copy of this order before him.

¶10

Order Date :- 22.6.2023//Fhd

¶11

Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Namita Pandey and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Namita Pandey 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

Khachera Singh Vs State of U.P.

Subham Mahaur Vs State of U.P.

Smt. Dolly Chaudhary and Another Vs State of U.P. and 2 Others

Aivaran Singh @ Mall and 5 Others Vs State of U.P. and Another

Jitendra Tyagi Vs State of U.P.

Ram Kumar Vs State of U.P. and Another