Hearing an application under Section 482 Cr.P.C., the High Court directed the concerned Family Court to decide the pending maintenance execution application within six months. The application was disposed of as an order of direction.
Direction to decide the pending application u/s 128 Cr.P.C. within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:140560
Court No. - 82
Case :- APPLICATION U/S 482 No. - 25484 of 2024 Applicant :- Surekha Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Muktesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard Sri Nikhil Kumar Mishra holding brief of Sri Mukteshwar Kumar Singh for the applicants as well as learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C. has been moved with prayer to direct to the Additional Principal Judge, Family CourtIII, Jaunpur to decide the Case No.672 of 2023 (Surekha vs. Jitendra) under Section 128 Cr.P.C., Police Station Khuthan, District Jaunpur within stipulated period.
It is submitted by learned counsel for the applicants that in this case applicants are wife and daughter of the opposite party no.2. Further submitted that an order u/s 125 Cr.P.C. was passed against him for maintenance but he never made payment of the amount of maintenance to the applicants that was the reason an application 128 Cr.P.C. was filed before the learned court which was registered as Case No.672/23 but till now neither the application has been decided nor any money has been recovered from the opposite party no.2, therefore, request to direct the learned court concerned to dispose of the application u/s 128 Cr.P.C. within stipulated period of time.
Learned A.G.A. has no objection in this regard.
Considering the facts and circumstances of the case, submissions made by learned counsel for the applicants as well as learned A.G.A. and perusal of record, it is expedient to direct the learned court to decide the application filed by the applicants registered as Case No.672/23 within a period of six months from the date of production of certified copy of this order, in accordance with law.
Accordingly, this application is disposed of finally.
Order Date :- 31.8.2024 Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
Surekha Devi
Subhash Chandra Sharma
Ashok Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
