Court No. - 53
Case :- APPLICATION U/S 482 No. - 25602 of 2018 Applicant :- Smt. Geeta Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sukesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
By means of the impugned order an application by the wife for enforcement of the ex parte order of maintenance dated 2.8.2005 has been rejected on the ground that the ex-prate order of maintenance has been recalled on an application made by the husband vide order dated 28.7.2007. It is submitted that the factum of recall was not within the wife's knowledge. It is further urged that the husband is trying to play dilatory tactics and put the clock back by permitting the proceedings to go ex- prate and then having them set aside in order to tire out the wife. The submission is that in consequence the entire purpose of proceedings under Section 125 Cr.P.C. is being frustrated. So far as the order impugned is concerned, learned counsel for the applicant Sri Sukesh Kumar has very fairly conceded that there is no infirmity as such in the order. Accordingly, the said order is not liable to be interfered with. However, expressing his concern for an early disposal of the maintenance matter where he submits that he has sanguine hope of award of maintenance that may bring about some succour, he requests that the proceedings before the Family Court in the maintenance matter be appropriately expedited under the facts and circumstances of the case.
This Court has noticed that the case is of year 2005 and by now almost 13 years have passed by. The aforesaid situation is exceptionable that a maintenance proceedings the purpose of which is to bring immediate relief to a wife so as to prevent destitution, a period of 13 years should pass and the ex parte order once passed now stands set aside.
Considering the aforesaid circumstances the Family Court Etawah is directed to decide the pending application under Section 125 Cr.P.C. within a period of six month from the date of receipt of a certified copy of this order positively.
It is further provided that in case an application for interim maintenance is pending or is filed now, in either event from the date of filing, or if pending, from the date of receipt of a certified copy of this order, the same shall be disposed of positively within a period of one month.
With the aforesaid orders this application stands disposed of. Order Date :- 30.7.2018 Deepak