Court No. - 74
Case :- APPLICATION U/S 482 No. - 17665 of 2020 Applicant :- Ajlama @ Ayasha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Mani Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Supplementary affidavit filed today is taken on record.
Heard Mr. Krishna Mani Gupta, learned counsel for the applicants and the learned AGA appearing on behalf of the State.
The grievance of applicant No.1 is that her application seeking maintenance under Section 125 Cr.P.C., is pending since the year 2016, before the Principal Judge, Family Court, Mirzapur. She prays that these proceedings may be expedited and directed to be concluded within a stipulated period of time.
Mr. K.M. Gupta, learned counsel for the applicant submits that the proceedings of the case are lingering on. The case was registered on 28.05.2016. He has taken the Court through the order-sheet upto 09.04.2020. Whatever proceedings might have been taken, this Court must remark that proceedings for maintenance are inherently urgent in nature. These are designed to bring immediate relief to a destituted wife or minor children who are unable to maintain themselves. The fact that those proceedings have remained pending for four years requires them to be expedited.
Considering the nature of the order that this Court proposes to pass, notice to second opposite party is being dispensed with. However, if the second opposite party feels aggrieved, it is open to him to file an application in this decided matter.
In the circumstances of the case, the Principal Judge, Family Court, Mirzapur, is ordered to endevour and decide Misc. Case No.317 of 2016, Ajlama @ Ayasha Vs. Arif Khan, under Section 125 Cr.P.C., Police Station Lalganj, District Mirzapur within a period of three months next, in accordance with law after hearing both parties. This order will, however, be inoperative if there is an order of stay of proceedings granted by a Court of competent jurisdiction.
This application is allowed in terms of the aforesaid orders.
Order Date :- 6.1.2021 NSC