Held that since the trial court had already passed an order for issuing recovery and non-bailable warrant, this application directing stern steps for execution was disposed of.
None; the application was disposed of as the trial court had already taken action regarding recovery.
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Neutral Citation No. - 2024:AHC:144707
Court No. - 82 Case :- APPLICATION U/S 482 No. - 28705 of 2024 Applicant :- Reeta Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Kumar Yadav,Sandeep Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for both the parties and perused the record.
Present application under Section 482 Cr. P.C. has been filed by the applicants with the prayer to direct the learned Additional Principal Judge, Family Court No. 02, Azamgarh to decide the case No. 290 of 2022 (Reeta Yadav and another Versus Mandulal Yadav), under Section 128 Cr. P.C. and read with Section 125(3) Cr. P.C., Police Station Phulpur, District Azamgarh within stipulated period.
It is submitted by the learned counsel for the applicants in this case that an application under Section 125 Cr. P.C. was allowed by the learned court, but no amount of maintenance was paid by the opposite party no.2 to the applicant no.1 and her daughter-applicant no.2. It is further submitted that an application under Section 128 Cr. P.C. for recovery of amount of maintenance was moved before the court of learned Principal Judge, Family Court, Azamgarh on 15.11.2022, which is still pending, though on 12.12.2023, Rs. 10,000/- were paid to the applicants, out of Rs. 3,60,000/-, therefore, request to direct the learned court concerned to take stern steps against the opposite party no.2 for making payment of the amount of maintenance.
Learned A.G.A. has no objection in this regard.
On considering the facts and circumstances of the case, submissions made by the learned court for the applicants as well as learned A.G.A., perusal of record, order sheet related to case No. 290 of 2022, under Section 128 Cr. P.C., it appears that learned trial court has already passed order for issuing recovery warrant and non bailable warrant against the opposite party no.2 on 09.07.2024, therefore, it is expedient to direct the learned court concerned in the aforesaid situation to take stern steps against the opposite party no.2 and to ensure the execution of process regarding realization of the amount of maintenance.
Accordingly, the present application 482 Cr. P.C. is disposed of finally.
Order Date :- 5.9.2024 T.S.
Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the trial court should be directed to take stern steps and ensure execution of process for realization of maintenance amount.
Whether the application under Section 482 Cr.P.C. regarding maintenance recovery should be disposed of.
1 provisions across 1 enactments
Reeta Yadav and Another
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
