Allowed

Smt Kanya and Another v. State of Up and Another

Allahabad HC10 Dec 2024A482/11963/2024

Case brief

AI extract

What is this about?

The applicant sought directions under Section 482 Cr.P.C. to expedite pending maintenance proceedings in the Family Court, Baiharil. The High Court directed the Family Court to decide the case early without unnecessary adjournments.

What did the court decide?

Family Court to expedite proceedings under Section 125 Cr.P.C. and decide the case early without unnecessary adjournments.

Smt Kanya and Another vs State of Up and Another — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:193063

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 11963 of 2024

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Applicant :- Smt Kanya And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh,Saurabh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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None has appeared on behalf of the applicants despite calling the case in revised list. Learned A.G.A. for the State is present.

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By means of the present application under Section 482 Cr.P.C., the applicants have sought for a suitable direction to the Additional Principal Judge, Family Court No. 3, Bareilly to expedite the proceedings and to decide the case no. 778 of 2023, under Section 125(3) Cr.P.C., P.S. Premnagar, District Bareilly within time stipulated by this Court, which is pending before the aforesaid court.

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Perusal of record shows that applicants were granted maintenance by the ex-parte judgement dated 19.01.2023 and thereafter applicants have initiated the aforesaid proceedings under Section 125(3) Cr.P.C. but the same have not been decided so far, due to which applicants are facing financial hardship. Applicants have sought a suitable direction to the Family court concerned to decide the aforesaid case within specific time frame.

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As per the report dated 06.12.2024, sent by the concerned Family court, the ex-parte judgement dated 19.01.2023 was recalled and the aforesaid execution case was dismissed as not maintainable and now the case under Section 125 Cr.P.C. is fixed

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for evidence of opposite party no. 2.

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In view of aforesaid, the Family court concerned is directed to expedite the proceedings of the aforesaid case under Section 125 Cr.P.C. and to decide the same as early as possible, without granting any unnecessary adjournment to either of the parties, provided there is no legal impediment.

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The application under Section 482 Cr.P.C. is disposed of accordingly.

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Order Date :- 10.12.2024 Anand

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Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad

Smt Kanya and Another v. State of Up and Another

Case brief

What is this about?

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Smt Kanya and Another v. State of Up and Another

Case brief

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