Application under S. 482 Cr.P.C. filed to expedite pending S. 125 Cr.P.C. maintenance proceedings. Court directed Family Court to decide the case within four months without unnecessary adjournments.
Directed the Family Court to decide the pending maintenance case within four months without unnecessary adjournments.
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Neutral Citation No. - 2024:AHC:140575
Court No. - 82 Case :- APPLICATION U/S 482 No. - 25525 of 2024 Applicant :- Warisha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mir Sayed,Rahul Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel 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 the learned court below to expedite the proceeding in the Case No.476 of 2018 (Warisha and another vs. Mudassir Khan) under Section 125 Cr.P.C., Police Station Babupurwa, District Kanpur Nagar pending in the court of Additional Principal Judge, Family Court No.1 Kanpur Nagar and dispose of the same within a time bound period as may be fixed by this Hon'ble Court.
It is submitted by learned counsel for the applicants that in this case an application u/s 125 Cr.P.C. was moved which was registered as Case No.476/18 and is pending before the learned court in which order for interim maintenance was passed in favour of the applicants but no amount of interim maintenance is being paid by the opposite party(husband) to the applicants. Further submitted that several applications are being filed by the opposite party for lingering the proceedings of the case and also for making harassment of the applicants, therefore, request to direct the learned court concerned to decide the case 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., perusal of record and the fact that application u/s 125 Cr.P.C. for interim maintenance was filed in the year 2018 which has not yet been decided even after lapse of 6 years, therefore, learned court concerned is, hereby, directed to make its endeavour to decide the case within a period of four months from the date of production of certified copy of order, in accordance with law without granting any unnecessary adjournment to either of the parties, if there is no legal impediment.
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
1 issue framed by the court
Whether to direct the Family Court to expedite and dispose of the pending S. 125 Cr.P.C. proceedings within a stipulated period.
2 provisions across 1 enactments
Warisha
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
