Court No. - 74
Case :- APPLICATION U/S 482 No. - 18457 of 2020 Applicant :- Smt. Sita Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sharad Kumar Srivastava,Indra Jeet Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
The applicant, Smt. Sita Devi, is a neglected wife/neglected to be provided for by her husband-opposite party no. 2. The applicant instituted proceedings under Section 125 Cr.P.C. against her husband, Anuj Kumar, on 10.09.2018 before the Principal Judge, Family Court, Jaunpur. She claimed maintenance in the sum of Rs. 10,000/- per mensum. It also appears that there is a divorce petition filed by the wife, besides a criminal case, being Complaint Case No. 1591 of 2018, under Sections 323, 504, 506, 498A I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station - Rampur, District - Jaunpur. Much before the wife brought those proceedings, the husband had instituted a petition under Section 13 of the Hindu Marriage Act, 1955, before the Family Court, Jaunpur, being Marriage Petition No. 835 of 2015. Those facts are not of much relevance. The IIIrd Additional Principal Judge, Family Court, Jaunpur, by his order dated 13.12.2019, accepted the wife's application for maintenance ex-parte, ordering the husband to pay Rs. 1,500/- per month from the date of application. The maintenance order was not complied with. In consequence, the wife applied for enforcement of the order under Section 128 Cr.P.C. This case was registered as Case No. 119 of 2020. It was registered on 24.01.2020 before the Principal Judge, Family Court, Jaunpur. Learned counsel for the petitioner has taken this Court through the order-sheet from 24.01.2020 to 10.09.2020. A perusal of the same shows no order of moment has been passed on the seven dates that have been fixed during this stretch of time. The purpose of proceedings for maintenance is to bring immediate succour to a destituted wife, who has no means of sustenance. Here, the wife's claim has been accepted ex-parte by judgment and order dated 13.12.2020. But, that order has been observed in breach by second opposite party-husband. In the circumstances, the proceedings for enforcement of the maintenance order ought to move very swiftly.
Looking to the nature of the order this Court proposes to pass, service of notice upon opposite party no. 2 is dispensed with. However, in case the said opposite party feels aggrieved by this order, it will be open to him to make an application in the decided matter, seeking recall of this order.
In the circumstances of the case, the Additional Principal Judge, Court No. 3, before whom Case No. 119 of 2020, Sita v. Anuj, under Section 128 Cr.P.C. is pending, shall proceed to dispose of the same, within a period of six weeks next, in accordance with law, after hearing both the parties. This order will, however, not operate in case the ex-parte order granting maintenance dated 13.12.2019 has been set aside, on a motion by the husband before the trial court, or by a court of superior jurisdiction, or in case there is a stay, interdicting operation of that order passed by the trial court or by a superior court.
This application is disposed of in terms of the aforesaid orders.
Order Date :- 6.1.2021 I. Batabyal / NSC