Court No. - 53
Case :- APPLICATION U/S 482 No. - 20131 of 2018 Applicant :- Smt. Prabhadevi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Margret Garima Roberts Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Learned counsel for the applicant prays for and is permitted to correct the name of the applicant in the array of the parties during the course of the day.
This application has been filed with a prayer seeking a direction to the learned trial court to expedite the proceedings of Case No. 193 of 2008 (Prabhawati vs. Lallan) under Section 125 Cr.P.C., Police Station - Rasra, District - Ballia pending in the court of Principle Judge / Family Court, Ballia.
The submission of Sri Samarth Sinha, Advocate holding brief of Ms. Margret Garima Roberts is to the effect that earlier the applicant has approached this Court seeking expeditious disposal of the maintenance proceedings that relate to the year 2016 where an order was passed directing the Court below to decide the aforesaid case expeditiously fixing short dates.
Learned counsel for the applicant has invited the attention of the Court to the order sheet to show that though the applicant is appearing regularly on all dates fixed, the second opposite party is absent on a number of dates. The court is proceeding with the matter at a lethargic pace that is not in keeping with the legislative policy and purpose of proceeding under Section 125 Cr.P.C. which is to provide minimum succour to a wife or dependents of a person who are unable to maintain themselves and to prevent destitution. A supplementary affidavit has been filed today bringing on record an upto date order sheet. The said supplementary affidavit is admitted to record.
A perusal of the order sheet filed today in the supplementary affidavit from 21.9.2017 to 11.7.2018 shows that the case is being casually adjourned and regrettably it appears that reference to the Mediation Centre annexed to the District Court is also being used by the husband-opposite party to delay proceedings.
Looking to the facts and circumstances of the case, it is also pointed out by the learned counsel for the applicant Sri Sinha that an order of interim maintenance was passed on 25th November, 2016 but not a penny has been paid in compliance of that order whereas proceedings in the main case under Section 125 Cr.P.C. are lingering on.
Looking to the entire circumstances of the case, the Principal Judge, Family Court, Ballia is directed to proceed with Case No. 193 of 2008 on a day to day basis and conclude the same positively within a period of three months next, if there is no order of stay by a Court of Superior Jurisdiction.
This Application stands disposed of with the above orders.
Order Date :- 26.7.2018 BKM/-