Court No. - 49
Case :- APPLICATION U/S 482 No. - 9627 of 2018 Applicant :- Smt. Anita Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Prasoon Tomar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed seeking a direction to the learned Court below to consider and decide the Case No. 36 of 2013 (Smt. Anita Vs. Dharam Singh), under Section 128 Cr.P.C., pending in the Court of learned Additional Sessions Judge/FTC-II, Bijnor.
The order under Section 125 Cr.P.C. had been passed in favour of the applicant on 17.1.2011, by which the maintenance allowance @ of Rs. 3000/- per month in favour of the applicant had been awarded from the date of the application. However, upon a revision being filed by the opposite party no.2, this Court had modified the aforesaid order and the direction of maintenance was made effective from the date of the order. However, despite passage of more than 7 years only part compliance of the aforesaid order has been made inasmuch as learned counsel for the applicant submits that the monthly maintenance for the period of only 9 months had been paid to the applicant.
The recovery proceedings instituted under Section 128 Cr.P.C. is pending since 23.12.2013 and despite the order to adopt coercive measures neither the opposite party no.2 paid up the amount to the applicant nor he had appeared in those proceedings.
Considering the above, the present 482 Cr.P.C. application is disposed of with a direction to the learned Court below to take all coercive measure against the opposite party no.2 as may be impermissible in law and to ensure that the proceeding under Section 128 Cr.P.C. are completed, expeditiously necessarily within a period of four months from the date of the production of a certified copy of this order.
Order Date :- 23.3.2018 Mini