Court No. - 64
Case :- APPLICATION U/S 482 No. - 16801 of 2019 Applicant :- Smt. Saba Afreen Opposite Party :- State Of Up And 04 Others Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By way of the instant application, the applicant has prayed for expedite the application dated 13.2.2019 filed under section 23 Domestic Violence Act for interim maintenance in complaint Case No. 3889 of/9/2018(Smt. Saba Afreen Vs. Jiyaur Rehman and another) u/s 12 Domestic Violence Act, 2012 P.S. Gal Shaheed district Moradabad pending in the court of Additional Chief Judicial Magistrate, Court No.1 Moradabad.
The applicant appears to be complainant/informant has filed an interim maintenance application before the court concerned but the same has been kept pending which is causing personal inconvenience and mental harassment. The applicant has been left with no source of income.
It is directed that in case an application is moved, it is incumbent upon the courts below to expeditiously dispose of such application which are in the shape of any relief because the right is vested in the applicant to seek such compensation. In case, any delay is occasioned in the disposal of the said application, the interest of justice would be adversely affected and it would amount of miscarriage of justice. It is expected that the courts below shall consider and dispose of the application on production of a certified copy of this order before the courts below, within a period of one months by a speaking order, if there is no legal impediment in its disposal.
Order Date :- 26.4.2019 N.A.