Court No. - 53
Case :- APPLICATION U/S 482 No. - 25799 of 2018 Applicant :- Shyama Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashutosh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This Application has been made on behalf of a estranged wife seeking to direct the Principal Judge, Family Court, Gyanpur, Bhadohi to decide the proceedings of Criminal Misc. Case No. 35 of 2015 'Shyama Devi vs. Prem Sagar' under Section 128 Cr.P.C.
The submission is that the applicant has been neglected being maintained by her estranged husband and she has no means of livelihood. It is submitted that proceedings for maintenance are inherently urgent in nature that are designed to prevent destitution. The remedy cannot be permitted to become the source of a wrong in itself, and a claim for maintenance cannot be permitted to drift endlessly through adjournments.
A perusal of the order sheet shows that the matter is proceeding at a tardy pace.
Looking to the nature of the case, the Application is disposed of with a direction to the Principal Judge, Family Court, Gyanpur, Bhadohi to dispose of Criminal Misc. Case No. 35 of 2015 'Shyama Devi vs. Prem Sagar' under Section 128 Cr.P.C. within a period of three months next in accordance with law without granting unnecessary adjournment to either of the parties.
It is further provided that application for interim maintenance, if already filed, and, if not filed, as soon as the same is made, shall be disposed of within a period of one month from the date of receipt of a certified copy of this order or the date of making such application, if not filed, positively.
With the aforesaid orders, this Application stands disposed of.
Order Date :- 31.7.2018 Deepak