This judgment disposed of an application under Section 482 Cr.P.C. directing the Additional Principal Judge, Family Court, Prayagraj to decide the pending maintenance case within six months to prevent unnecessary delays.
Direction to court below to decide pending Section 125 Cr.P.C. case within six months without unnecessary adjournments.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 42259 of 2022
Applicant :- Priya Dwivedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Prakash Chaturvedi,Dileep Kumar Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application, the only prayer made by the applicant is that a direction be issued to the court below to decide the Case No.516 of 2020, under Section 125 Cr.P.C., Police Station Soraon, District Prayagraj pending before court of Additional Principal Judge, Family Court, Court No.2, Prayagraj, within a definite period.
Submission of learned counsel for the applicant is that the applicant is wife of opposite party no.2. She has filed an application under Section 125 Cr.P.C. for maintenance, which is still pending since 2020.
Considering the facts of the case but without expressing any opinion on the merits of the applicant's case, this application U/s 482 Cr.P.C. is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order, if there is no legal impediment.
Order Date :- 14.2.2023
Ajeet
Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should direct the Family Court to decide the pending Section 125 Cr.P.C. case expeditiously within six months without granting unnecessary adjournments?
Priya Dwivedi
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
