Court No. - 53
Case :- APPLICATION U/S 482 No. - 34161 of 2018 Applicant :- Smt. Kalpana Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Rajesh Kumar Tripathi, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA appearing for the State.
The wife has come with a prayer to expedite proceedings of Case No.692/11/15 (Smt. Kalpana Devi Vs. Dileep Kumar), under Section 128 CrPC pending before the Principal Judge, Family Court, Aligarh within a determinate period of time.
The submission of the learned counsel for the applicant is that the pleadings in the maintenance case have been exchanged and the application is ready for hearing. It is an application of the year 2015 and involves inherent urgency going by the nature of proceedings that seek maintenance brought by the wife. The wife has no means of sustenance and the purpose of the proceedings is to prevent destitution and provide support to the wife.
Looking to the aforesaid facts and circumstances and the fact also that the case is pending since the year 2015, it is directed that the Principal Judge, Family Court, Aligarh shall proceed to decide Case No.692/11/15 (Smt. Kalpana Devi Vs. Dileep Kumar) within a period of two months next from the date of receipt of certified copy of this order, unless there be any legal impediment.
The above orders have been subject to the condition that there is no interim order of stay operating to interdict proceedings of the case.
This application is, accordingly, disposed of with the above orders.
Order Date :- 25.9.2018 Shahroz