Disposed

Smt. Gunja Devi and Another v. State of U.P. through Secretary Home and Another

Allahabad HC8 Feb 2023A483/539/2022

Case brief

AI extract

What is this about?

The applicant moved this application under Section 483 Cr.P.C. seeking a direction to conclude a pending maintenance case expeditiously. The High Court directed the trial court to fix short dates, avoid unnecessary adjournments, and conclude the proceedings within three months due to the prolonged delay and non-payment.

What did the court decide?

Direction to the trial court to proceed expeditiously, fix short dates, and conclude proceedings within 3 months.

Smt. Gunja Devi and Another Vs State of U.P… — Maintenance and Alimony | Allahabad HC (2023)

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Court No. - 93

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Case :- APPLICATION U/S 483 No. - 539 of 2022

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Applicant :- Smt. Gunja Devi And Another Opposite Party :- State Of U.P. Through Secretary Home And Another Counsel for Applicant :- Sanjay Kr. Srivastava,Om Prakash Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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The applicant has filed this application under Section 483 Cr.P.C. seeking a direction to the trial court to conclude the proceedings of Maintenance Case No. 646 of 2018, Smt. Gunja Devi and another vs. Shyam Gupta, under Section 125 Cr.P.C., Police Station Kasya, District Kushinagar pending before the Additional Principal Judge, Family Court, Kushinagar at Padrauna expeditiously.

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It is submitted by the learned counsel for the applicant that the aforesaid maintenance case, under Section 125 Cr.P.C. has been filed on 19.12.2018 in which opposite party no. 2, Shaym Gupta has appeared before the Court on 28.08.2019 and filed his written statements. It is submitted that the court concerned vide order dated 22.01.2020 has awarded interim maintenance in the sum of Rs. 2000/- and Rs. 1000/- per month to the applicant and her minor daughter, Chandrawati, respectively, from the date of order but the opposite party no. 2 has not yet paid any amount to the applicant. Therefore, the applicant is facing great hardship in maintaining herself and her minor daughter. It is also submitted that due to Corona Pandemic, there was no progress in the case till 2022. Proceeding of the case was resumed after Corona from 25.03.2022. Learned counsel for the parties sought adjournments

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several time on the pretext of mediation and compromise but the matter could not be settled between the parties. On 06.09.2022, realization warrant was issued against opposite party no. 2 on account of his absence and non payment, but no realization of maintenance allowance has been made.

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Considering the facts and circumstances of the case, it appears that for the last four years since the suit for maintenance was filed, applicant is appearing before the Court concerned regularly but there is no material progress in the case and opposite party no. 2 has not been providing any interim maintenance to the applicant.

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In the circumstances, this application is disposed of with a direction to the trial court concerned to proceed with the aforesaid maintenance case, fixing short dates and without granting any unnecessary adjournments to either of the parties, unless it is unavoidable that too on heavy costs, and conclude the proceedings of the aforesaid case expeditiously, preferably within a period of three months from the date of production of a copy of this order.

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Order Date :- 8.2.2023 Brijesh Maurya

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

Smt. Gunja Devi and Another v. State of U.P. through Secretary Home and Another

Case brief

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Smt. Gunja Devi and Another v. State of U.P. through Secretary Home and Another

Case brief

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