Court No. - 53
Case :- APPLICATION U/S 482 No. - 21434 of 2019 Applicant :- Smt. Sharma Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mani Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Mani Shanker Pandey, learned counsel for applicant and the learned A.G.A.
The applicant is the wife and has approached this Court for seeking an appropriate direction to the Principal Judge, Family Court, Ghazipur to decide the Execution Case No.141/2012, under Section 128 Cr.P.C, within the stipulated period.
The Apex Court in the case of Bhuwan Mohan Singh vs. Meena, (2015) 6 SCC 353, has held that maintenance proceedings have to be taken to its logical conclusion, as expeditiously as possible, else the very purpose / object of filing the same, stands defeated.
The instant execution proceedings are instituted in 2012. The order- sheet is replete with adjournments / absence of the Presiding Officer or the court being vacant, despite the fact that husband has put in appearance.
No useful purpose would be achieved by keeping this application pending in view of the order the Court proposes to pass hereunder:
The application is disposed off with the direction to the Principal Judge, Family Court, Ghazipur to expedite the aforesaid proceedings to its logical conclusion, as expeditiously as possible.
It is made clear that court below shall not grant unnecessary adjournments, adjournments if any, shall be for very strong and compelling reasons, else would attract cost not less than Rs.500/- per date, to be paid to the wife.
Learned counsel for applicant undertakes not to seek any frivolous adjournment before the court below.
Let a compliance report be submitted by the court concerned on 26.9.2019 at 4.00 PM in Chambers.
Order Date :- 28.5.2019 Chandra