Disposed

Smt Laxmi Devi and 02 Others v. State of U.P. and Another

Allahabad HC5 Sept 2024A482/28668/2024

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the Hon'ble Allahabad High Court directed the Additional Principal Judge, Family Court, Allahabad, to conclude pending maintenance recovery proceedings under Section 128 Cr.P.C. within 60 days due to a six-year delay causing hardship to the applicant wife and minor daughters.

What did the court decide?

Direction to the Family Court to conclude the pending maintenance recovery application within 60 days from the date of producing the certified copy of this order.

Smt Laxmi Devi and 02 Others vs State of U.P. and… — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:144276

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 28668 of 2024

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Applicant :- Smt Laxmi Devi And 02 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the material on record.

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This application has been filed with a prayer to allow this application and direct the learned Additional Principal Judge, Family Court, Court No. 5, Allahabad to expedite the Case No. 01 of 2018 (Smt. Laxmi Devi and others Vs. Rajnath Bind), under Section 128 Cr.P.C., Police Station Colonelganj, District Allahabad pending in the Court of Learned Additional Principal Judge, Family Court, Court No. 5, Allahabad and conclude the same within some stipulated period.

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It is submitted by learned counsel for the applicants that in this case the applicant no.1 Smt Laxmi Devi is wife of opposite party no. 2 and Km. Shrishti and Km. Arya @ Nishi are her minor daughters. It is further submitted that due to neglect in maintenance of wife and children an application under Section 125 Cr.P.C. was moved before the learned court which was decided in the year 2017 and application was allowed. It is further submitted that in compliance of that order no any amount of maintenance was given to the applicants by the opposite party no. 2 though he is teacher in primary school and draws salary of Rs. 50,500/- as per salary certificate issued on 30.06.2017. For recovery of amount of maintenance an application under Section 128 Cr.P.C. was moved in the year 2018 before the learned court concerned that is still pending and no amount has been given to the applicants and even the learned court is also not taking necessary steps in this regard, therefore, request to direct the learned court to take necessary steps for recovery of amount of maintenance from the opposite party no. 2 within a stipulated period of time.

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Learned A.G.A. opposed the prayer as aforesaid.

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On considering the submissions made by learned counsel for the applicants as well as learned A.G.A. and perusal of record, and the order sheet from the date 02.01.2018 till 30.07.2024, it appears that application for recovery of amount of maintenance is pending before the learned court and six years have already been passed but no any necessary step has been taken by the learned court which cannot be said to be proper but it is very sad state of affairs and also the fact that wife and two minor daughters are suffering on account of non-payment of amount of maintenance to them. In view of this fact it is expedient to direct the learned court concerned to take necessary steps regarding recovery of amount of maintenance within a period of 60 days from the date of production of certified copy of this order if there is no any legal impediment.

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Accordingly, this application is disposed of finally.

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Order Date :- 5.9.2024 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Smt Laxmi Devi and 02 Others v. State of U.P. and Another

Case brief

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Smt Laxmi Devi and 02 Others v. State of U.P. and Another

Case brief

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