Court No. - 7
Case :- APPLICATION U/S 482 No. - 21973 of 2019 Applicant :- Mainta And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Azaz Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Sri Azaz Ahmad, learned counsel for the applicants and Sri S.K. Pandey, learned AGA for the State.
According to the applicants, in 125 Cr.P.C. proceedings, on 7.11.2016 Rs. 2500/- per month in favour of the applicant no. 1 and Rs. 1,000/- per month in favour of applicant no. 2 were directed to be given but till date not a single penny has been paid by respondent no. 2.
Learned counsel for the applicants submits that the applicants have filed application under Section 128 Cr.P.C. in the year 2017 but there is no substantial progress in the case. It has been put-forth that direction may be issued to the court below to take immediate appropriate steps against respondent no. 2 and if requires, he may be booked. It has been further argued that if the maintenance amount is not given to the applicants, the very purpose of filing the application and passing of the award by the court below would be frustrated.
The application is disposed of directing the court below to take all possible steps for giving effect to the order granting maintenance in favour of the applicants.
The court below shall not give unnecessary prolong adjournment to respondent no. 2 and all the endeavour would be made to ensure the payments to the applicants.
Order Date :- 31.5.2019 AKK