Court No. - 43 Case :- APPLICATION U/S 482 No. - 44740 of 2019 Applicant :- Smt. Pooja Rai And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- R S Dubey,Savita Dubey Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Shri R.S.Dubey, learned counsel for applicants and the learned A.G.A.
It is urged that appropriate direction be issued to the court concerned to expedite the proceedings of Case No.552 of 2018 (Smt. Pooja Rai and another Vs. Ajitesh Sharma), under Section 125 Cr.P.C., Police Station Naini, District-. Allahabad, pending in the court of Principal Judge, Family Court, Allahabad.
It is submitted by learned counsel for the applicants that even though an application under Section 125 Cr.P.C, has been filed alongwith an interim application before the Principal Judge, Family Court as Case No.552 of 2018 (Smt. Pooja Rai and another vs. Ajitesh Sharma) on 27.6.2018 alongwith an application for interim maintenance, on which no order has been passed as alleged in paragraph-13 of the affidavit in support of the application as also from the order sheet it is evident that till date no orders on the interim application whatsoever have been passed.
Learned A.G.A, submits that no useful purpose would be served by keeping this application pending and it be disposed of by giving appropriate directions.
The Apex Court in the case of Bhuwan Mohan Singh vs. Meena, 2015 SCC (6) 353, has held that maintenance proceedings have to be taken to its logical conclusion, as expeditiously as possible, else the very purpose / object of filing the same, stands defeated.
This Application under Section 482 Cr.P.C is disposed of with the direction that the learned Family Judge concerned shall endeavour to consider and dispose of application for interim maintenance preferably on the next date fixed in accordance with law and would also endeavour to dispose of the parent application under Section 125 Cr.P.C. as expeditiously as possible.
Ordered accordingly.
Order Date :- 17.12.2019 RS