The Allahabad High Court directed the Principal Judge, Family Court, Azamgarh to dispose of a pending maintenance application within three months, following the applicant who had not appeared but who had filed the application.
Direction to the Principal Judge, Family Court, Azamgarh to decide the pending case within three months.
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Neutral Citation No. - 2023:AHC:176860
Court No. - 86
Case :- APPLICATION U/S 482 No. - 32010 of 2023
Applicant :- Seema Upadhyay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shobhit Yadav,Akhand Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
List has been revised. No one has appeared on behalf of the applicant to press this application, however, learned AGA for the State is present.
The present application u/s 482 Cr.P.C. has been filed with a prayer to direct the learned Principal Judge, Family Court, Azamgarh to decide Case No. 741 of 2022 (Seema Upadhyay and another vs. Tejbahadur Tiwari), under Section 125 Cr.P.C, P.S. Kotwali, District- Azamgarh expeditiously within stipulated period.
Perusal of the record shows that applicant is the wife of opposite party No. 2 and she has filed an application under Section 125 Cr.P.C. on 5.8.2022, which is pending disposal and has not yet been decided and has been lingering-on, on one pretext or the other.
In view of the above, the Principal Judge, Family Court, Azamgarh is expected to make all endeavours to decide the aforesaid case expeditiously, preferably within a period of three months from the date of filing of certified copy of this order after giving opportunity of hearing to both the parties without giving any unnecessary adjournments to either parties and there is no other legal impediment in deciding the aforesaid case.
With the aforesaid observations, the application u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 12.9.2023 KU
Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Principal Judge, Family Court, Azamgarh should be directed to decide the pending application under Section 125 Cr.P.C. expeditiously.
2 provisions across 1 enactments
Seema Upadhyay
Tejbahadur Tiwari
Rajiv Gupta
Kalim Uddin Siddiqui
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
