Disposed¶10

Smt. Seema Devi and Another v. State of U.P. and Another

Allahabad HC27 Jan 2025A483/85/2025

Case brief

AI extract

What is this about?

Allahabad High Court; Application U/S 483 No. 85 of 2025; Section 483 Cr.P.C.; Section 128 Cr.P.C.; Section 125 Cr.P.C. maintenance; execution application pending since 2023; Family Court Jaunpur; Case No.394 of 2023 (Smt. Seema Devi Vs. Umesh Kumar); direction to procure husband's appearance within two months; expeditious disposal; no unnecessary adjournments; disposed of on 27.1.2025 by Hon'ble Nalin Kumar Srivastava, J.

What did the court decide?

Direction issued to the Court concerned to procure appearance of the defaulting husband (opposite party no.2) within two months and to secure expeditious disposal of the pending Section 128 Cr.P.C. execution case without unnecessary adjournments. ¶10

Smt. Seema Devi and Another vs State of U.P. and… — Maintenance and Alimony | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:15320

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Court No. - 82

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Case :- APPLICATION U/S 483 No. - 85 of 2025

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Applicant :- Smt. Seema Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anoop Kumar,Dileep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This application under Section 483 Cr.P.C. has been filed with a prayer to direct the Court of Principal Judge, Family Court, Jaunpur to decide the Case No.394 of 2023 (Smt. Seema Devi Vs. Umesh Kumar) under Section 128 Cr.P.C., P.S. Mungrabadshahpur, District Jaunpur pending before it, expeditiously within a stipulated period.

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Learned counsel for the applicant submits that the case for maintenance u/s 125 Cr.P.C. was filed by the applicant / wife before the court of Principal Judge, Family Court, Jaunpur wherein judgment was passed on 11.1.2023 by the said court and opposite party no.2 was directed to pay Rs.3000/- per month as maintenance amount in favour of the applicant no.1 / wife and Rs.2000/- per month in favour of applicant no.2 / his daughter. However, the said order was not complied with. An application for the execution of the same was moved by the applicant before the court. The matter is still pending since 2023 and no amount of maintenance has been paid so far. The applicant is a lady and she is suffering a lot both mentally and financially. She has no means of livelihood. Hence, it has been prayed that a suitable direction be given to the court concerned to decide the execution application within a stipulated time.

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In the factual matrix of the case and keeping in view the hardship suffered by the applicants / aggrieved wife and daughter, the Court concerned is directed to make all possible measures and effective steps in accordance with law to procure the appearance the opposite party no.2 / husband within a period of two months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for the expeditious disposal of the aforesaid case, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted in the matter by/to either of the parties.

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With the above observations, the application stands disposed of.

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Order Date :- 27.1.2025 / ss

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Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Smt. Seema Devi and Another v. State of U.P. and Another

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Smt. Seema Devi and Another v. State of U.P. and Another

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