Disposed

Chinta Yadav v. State of U.P. and Another

Allahabad HC13 Mar 2023A482/4702/2023

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What is this about?

In this application under Section 482 Cr.P.C., the Allahabad High Court directed the Additional Principal Judge, Family Court No.1, Mau, to decide the pending execution case under Section 128 Cr.P.C. within four months to address delays in maintenance enforcement.

What did the court decide?

The Additional Principal Judge, Family Court No.1, Mau is directed to decide the execution case within four months.

Chinta Yadav Vs State of U.P. and Another — Service and Employment | Allahabad HC (2023)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 4702 of 2023

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Applicant :- Chinta Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Manoj Yadav, learned counsel for applicant, learned A.G.A. for the State and perused the record.

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The present application U/s 482 Cr.P.C. has been filed by the applicant for a direction to learned Additional Principal Judge, Family Court No.1, Mau to decide the Execution Case No.212 of 2019 (Chinta Yadav Vs. Harendra Yadav), under Section 128 Cr.P.C., P.S. Madhuban, District Mau, within a stipulated period.

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It is submitted by learned counsel for the applicant that applicant had filed a maintenance case which was allowed vide order dated 30.11.2018 and maintenance of Rs.1,500/- was awarded by the Principal Judge, Family Court in favour of the applicant. The opposite party has failed to pay the maintenance amount awarded by the court below to the applicant and as such the applicant has filed execution case under Section 128 Cr.P.C. which was registered as Execution Case No.212 of 2019. The opposite party no.2/husband has put in appearance in the execution case but on account of delaying tactics adopted by the opposite party no.2/husband, the execution case could not be proceeded and is still pending since 2019.

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Considering the facts and circumstances of the case and without commenting on merits, the Additional Principal Judge, Family Court No.1, Mau is directed to expedite and decide the Execution Case No.212 of 2019 (Chinta Yadav Vs. Harendra Yadav), under Section 128 Cr.P.C., P.S. Madhuban, District Mau, preferably within a period of four months from the date of production of copy of this order before it, without granting undue adjournment to either of the parties, unless there is any legal impediment.

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With the aforesaid direction, the present application U/s 482 Cr.P.C. is disposed of.

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Order Date :- 13.3.2023 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Chinta Yadav v. State of U.P. and Another

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Chinta Yadav v. State of U.P. and Another

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