This court disposed of an application filed under Section 483 Cr.P.C. directing the Family Court to conclude the maintenance trial expeditiously within three months.
Direction to the lower court to conclude the trial within three months.
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Court No. - 50
Case :- APPLICATION U/S 483 No. - 27 of 2023
Applicant :- Smt. Shivani Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
Instant Criminal Misc. Application under Section 483 Cr.P.C. has been filed by the applicant in Misc. Application No. 119 of 2022 (Smt. Shivani Yadav & Another Vs. Pavitra Yadav) under Section 125 (3) Cr.P.C., P.S.- Sihani Gate, District- Ghaziabad pending in in the Court of Addl. Principal Judge, Family Court No. 02, Ghaziabad, with prayer to issue direction to decide the case expeditiously and within a stipulated period as fixed by this Court.
Learned counsel for the applicant submitted that a certified copy of the order-sheet of the case is filed, which reveals that the case is filed on 25.02.2022. The opposite party appeared on 30.07.2022 and the Court permitted him to deposit cheque and recovery proceedings were stayed. However, the opposite party has not deposited the outstanding amount till date.
The court concerned is directed to proceed with the case and make every efforts to conclude the trial as expeditiously as possible without granting any unnecessary or long adjournments to either of the parties, preferably within a period of 3 months from the date of production of a certified copy of this order, if there is no other legal impediment.
Accordingly, the application stands disposed of.
Order Date :- 5.4.2023 Nitika
Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad
Shivani Yadav
State of U.P.
Ram Manohar Narayan Mishra
As recorded by the court registry
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