Court No. - 53
Case :- APPLICATION U/S 482 No. - 25373 of 2018 Applicant :- Smt. Shabnam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Vilas Mishra,Chaman Aara Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned AGA appearing on behalf of the State.
This application has been filed under Section 482 CrPC seeking a direction to the Principal Judge, Family Court, Muzaffar Nagar to conclude the proceeding of Case no.765 of 2011, Smt. Shabnam vs. Saleem, under Section 125 Cr.P.C. within a short period of time as fixed by this Court.
Looking to the nature of the proceedings that are inherently urgent as there is a claim for maintenance by the wife, who has no means of sustenance, it would be appropriate to expedite the proceedings. Nevertheless the Court in order to apprise itself with the course of proceedings has gone through the order sheet of the case, which shows that the application was filed on 12.01.2016, and, indeed, not much headway has been made since then. Ex parte judgment reserved on 04.09.2017. The proceedings dated 04.09.2017 on application by the husband has been recalled vide order dated 18.09.2017. Thereafter, the proceedings are again lingering on. Statement of PW-1 has been recorded and PW-1 is facing cross-examination. The proceedings before the court below are going on at a tardy pace.
Accordingly, the Principal Judge, Family Court, Muzaffar Nagar is directed to expedite these proceedings and conclude the same within a period of six months next from the date of receipt of a certified copy of this order without granting any unnecessary adjournment. In case an application for interim maintenance is pending or is filed, the same shall be disposed of within a period of one month next from the date that it is filed, and, if already on record, from the date of receipt of a certified copy of this order.
This application is, accordingly, disposed of with the above orders.
Order Date :- 27.7.2018 Anoop