The High Court disposed of an application under Section 482 Cr.P.C. which sought a directive for the court below to expedite the disposal of a pending execution case regarding Section 125(3) maintenance.
Directed the court below to decide the pending execution case under Section 125(3) Cr.P.C. expeditiously within three months.
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Court No. - 65
Case :- APPLICATION U/S 482 No. - 39577 of 2022
Applicant :- Smt. Omwati And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyanendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, the learned AGA for the State and perused the record.
The present application u/s 482 Cr.P.C. has been filed with a prayer to direct the learned court below to decide Execution Case No. 94 of 2020 (Smt. Omwati and others vs. Dharmendra), under Section 125(3) Cr.P.C., P.S. Sahibabad, District- Ghaziabad, pending in the court of Addl. Principal Judge, Court No. 5, Ghaziabad expeditiously within stipulated period.
Learned counsel for the applicants has submitted that applicant No. 1 is the wife of opposite party No. 2 and applicant Nos. 2, 3 and 4 are her minor daughters and applicant No. 1 has filed an Execution Case No. 94 of 2020 on 6.3.2020 before the Family Judge, Ghaziabad, which has been pending since then and has not yet been disposed of.
In view of the above, the court below 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 :- 11.1.2023 KU
Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad
1 provisions across 1 enactments
Smt. Omwati and 3 Others
Rajiv Gupta
As recorded by the court registry
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