Court No. - 49
Case :- APPLICATION U/S 482 No. - 10373 of 2018 Applicant :- Mst. Mabooda Khatoon And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ahmad Saeed Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A for the State as also perused the record.
This application under Section 482 Cr.P.C. has been filed seeking direction to the court below to decide the interim maintenance application No. 18-Ka in Case No. 417 of 2015 (Mst. Mabooda Khatoon and others Vs. Syed Mohammad Hashmi) under Section 125 Cr.P.C., pending before the court of Principal Judge, Family Court, Allahabad within stipulated period.
Learned counsel for the applicant submits that while the application under Section 125 Cr.P.C. had been filed by the applicants on 17.06.2015, during the pendency of the same, the applicants further filed an application for grant of interim maintenance on 08.09.2016. It is submitted, despite sufficient time having elapsed, the said applications have not yet been decided, despite the fact that the opposite party no.2 had put in appearance in the proceedings.
Considering the fact that the application under Section 125 Cr.P.C. has remained pending for very long and without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, without granting any unnecessary or long adjournments to either of the parties as expeditiously as possible, preferably within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment.
If for any reason, the court below is unable to decide the aforesaid case within the time granted, it shall necessarily consider and decide the application for grant of interim maintenance, if any, within the same time period.
Order Date :- 30.3.2018 Lbm/-