Court No. - 53
Case :- APPLICATION U/S 482 No. - 34145 of 2018 Applicant :- Smt. Poonam Pandey Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Bijay Kumar Srivastava,Ajay Kumar Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
The wife has come with a prayer to expedite proceedings of Case No.1028 of 2017 (Poonam Pandey Vs. Prem Prakash Tripathi), under Section 125 CrPC pending before the Principal Judge Family Court, Allahabad 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 2017 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 2017, it is directed that the Principal Judge Family Court, Allahabad shall proceed to decide Case No.1028 of 2017 (Poonam Pandey Vs. Prem Prakash Tripathi) within a period of eight months next from the date of receipt of certified copy of this order, unless there be any legal impediment.
In case an application for interim maintenance is made, the same shall be decided within a period of one month from the date of the same being filed positively.
The above orders have been subject to the condition that there is no interim order of stay operating to interdict proceedings of the case or to restrain enforcement of the interim maintenance order by a Court of Superior Jurisdiction.
This application is, accordingly, disposed of with the above orders.
Order Date :- 25.9.2018 Shahroz