Disposed

Vandana Devi v. State of U.P. and Anotehr

Allahabad HC1 Dec 2023A482/42858/2023

Case brief

AI extract

What is this about?

This judgment grants a direction under Section 482 Cr.P.C. to the Family Court, Jaunpur, to expedite the disposal of a pending maintenance matter filed in 2018, citing the applicant's destitution and the statutory obligation for speedy trials in maintenance cases.

What did the court decide?

Direction to Family Court, Jaunpur to dispose of Case No. 370 of 2018 under Section 125 Cr.P.C. within six months of production of this order.

Vandana Devi Vs State of U.P. and Anotehr — Maintenance and Alimony | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:228055

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 42858 of 2023

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Applicant :- Vandana Devi Opposite Party :- State Of U.P. And Anotehr Counsel for Applicant :- Ram Pravesh Yadav,Shashank Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Vinod Kumar Yadav, Advocate holding brief of Sri Ram Pravesh Yadav, learned counsel for the applicant and Sri Prem Prakash Tiwari, learned AGA appearing for the State.

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The instant application under Section 482 Cr.P.C. has been filed seeking a direction to learned Additional Principal Judge, Family Court, 1st, Jaunpur, for expeditious disposal of Case No.370 of 2018 (Vandana Devi Vs. Dinkar Nishad), under Section 125 Cr.P.C., Police Station Kotwali, District Jaunpur, in a time bound manner.

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Learned counsel for the applicant submits that an application under Section 125 Cr.P.C. filed by the applicant, who is the wife of opposite party no.2, in the year 2018, which is pending and opposite party no.2 deliberately adopting delaying tactics for obstructing disposal of the said case. Learned counsel for the applicant further submits that the applicant herein is a destitute lady and she has no source of income and is suffering for more than 5 years for want of the order for maintenance, therefore, he has prayed for a direction of this Court for expeditious disposal of the aforesaid case.

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Though, from the record, it appears that earlier on 07.12.2021, the said application of the applicant was decided ex parte against opposite party no.2, however, on an application under Section 126 (2) Cr.P.C. filed by opposite party no.2, the said order was recalled vide order dated 21.06.2023 and the same is pending disposal.

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Looking at the facts and circumstances of the case and the nature of prayer made by learned counsel for the applicant, learned A.G.A. do not oppose the prayer made by learned counsel for the applicant.

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Having heard the rival submissions made by learned counsel for the parties, in the considered opinion of this Court, the

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proceedings under Section 125 Cr.P.C. of an urgent nature which are required to be dispose of at the earliest. Since, the instant case under Section 125 Cr.P.C. for grant of maintenance is pending since 2018, this Court finds a fit case to issue direction for expeditious disposal of the same.

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In view thereof, learned Additional Principal Judge, Family Court, 1st, Jaunpur is directed to make an endeavour to dispose of the aforesaid Case No.370 of 2018 (Vandana Devi Vs. Dinkar Nishad), under Section 125 Cr.P.C., Police Station Kotwali, District Jaunpur, as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of this order, after affording due opportunity of hearing to both the parties concerned, if there is no legal impediment.

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With the aforesaid observations, the instant application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 1.12.2023 Atul

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Vandana Devi v. State of U.P. and Anotehr

Case brief

What is this about?

What did the court decide?

Vandana Devi v. State of U.P. and Anotehr

Case brief

What is this about?

What did the court decide?

What the court decided

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