Court No. - 86
Case :- APPLICATION U/S 482 No. - 22574 of 2021 Applicant :- Maqsuda Bano Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mani Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to direct the Court below to expedite the trial of Execution Case No.34 of 2018 (Maksuda Bano Vs. Mohd. Kabban), under Section 128 of Cr.P.C., pending in the Court of Principal Judge, Family Court, Prayagraj (Allahabad), within a stipulated period.
It is contended by learned counsel for the applicant that the applicant has preferred a case under Section 125 of Cr.P.C. seeking maintenance against the opposite party no.2, which has been decided on 8.8.2006 and the opposite party no.2 was directed to pay Rs.4000/- towards the applicant and her children as well, but the opposite party no.2 has not paid even a single penny to the applicant. It is further contended that being aggrieved by it, the applicant has preferred a case for execution of the order of maintenance before the court of Principal Judge, Family Court, Allahabad on 25.8.2018 and the case was fixed for 29.10.2018 for hearing, but due to strike by the counsel the next date was fixed for 23.10.2018 and on that date the opposite party no.2 was not present. It is further contended that the opposite party no.2 was not appearing in the court on several dates fixed in the matter and the court has issued recovery warrant against opposite party no.2. It is next contended that the matter could not be proceeded further due to Covid-19 pandemic as well and the applicant is a poor lady is suffering from financial crisis, who cannot maintain herself and her daughter without money. It is lastly contended that the court below may be directed to expedite the case mentioned above, within a stipulated period.
In the peculiar facts and circumstances of the case, the trial Court is directed to adopt all stern action for securing the presence of opposite party no.2 and expedite the aforesaid case and conclude the same expeditiously strictly in accordance with law, preferably within a period of six months from the date of production of a certified copy of the order, if there is no legal impediment.
With the aforesaid observations, the present application under Section 482 Cr.P.C. application is finally disposed of.
Order Date :- 21.12.2021 Anil K. Sharma