In a Section 482 application, the Allahabad High Court directed the Family Court to decide the implications of Section 125 within one year, without granting unnecessary adjournments.
Direction to decide the case expeditiously within one year without unnecessary adjournments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 52
Case :- APPLICATION U/S 482 No. - 4246 of 2023
Applicant :- Maya Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Singh,Umesh Kumar Pal Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicant, learned A.G.A., and perused material on record.
In this application filed under Section 482 Cr.P.C. the learned counsel for the applicant has confined his relief to early disposal of Execution (Ezara) Case No. 947 of 2020 (Maya Devi Vs. Delip Maddheshia) under Section 125 (3) Cr.P.C. in Original Case No. 353 of 2018, pending in the court of Upper Principal Judge, Family Court-1, Deoria within a stipulated period.
Considering the fact that the trial has remained pending since 2018, without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of one year from the date of production of a certified copy of this order before it, if there is no other legal impediment.
Order Date :- 16.2.2023 Abhishek Singh
Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant direction for expeditious disposal of a pending maintenance execution case.
3 provisions across 1 enactments
Maya Devi
Shiv Shanker Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
