Court No. - 49
Case :- APPLICATION U/S 482 No. - 10316 of 2018 Applicant :- Sangeeta Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Dinesh Kumar Maurya,Dharmendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed seeking a direction to the Court below to decide the Execution Case No. 54 of 2013, under Section 128 Cr.P.C. in original suit no. 149 of 2008, under Section 125 Cr.P.C. (Sangeeta Singh Vs. Adarsh Kumar Singh) and recover total due amount from the opposite party no.2.
Learned counsel for the applicant submits that while the learned Principal Judge Family Court, Allahabad vide its order dated 11.1.2013 had allowed the application filed by the applicant under Section 125 Cr.P.C. being case no. 149 of 2008 and provided for payment of maintenance allowance @ of Rs. 4,500/- to the applicant and her daughter from the date of that order. Only part compliance of the aforesaid order has been made till date inasmuch as the opposite party has only paid Rs. 12,000/- to the applicant, which is wholly in adequate and in sufficient.
In respect of the above, it has been further been submitted that while the order dated 11.1.2013 has attained finality, the proceeding initiated by the applicant under Section 128 Cr.P.C. have remained pending since December, 2012 and despite coercive measures adopted against the opposite party no.2 neither the presence of opposite party no.2 has been secured nor any recovery has been made from him.
Considering the above, the present 482 Cr.P.C. application is disposed of with a direction to the learned Court below to take all coercive measures against the opposite party no.2 as may be permissible in law and to ensure that the proceeding under Section 128 Cr.P.C. are completed, expeditiously, preferably within a period of three months from the date of the production of a certified copy of this order.
Order Date :- 29.3.2018 Mini