Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 8889 of 2018 Petitioner :- Suman Dubey Respondent :- Principal Judge Family Court Allahabad And Another Counsel for Petitioner :- Ambrish Chandra Pandey,Amarnath Dubey
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned AGA.
This petition under Article 227 of the Constitution of India has been filed by petitioner, Suman Dubey, who is wife of respondent no.2 for payment of maintenance in pursuance of order dated 29.7.2013 passed by Principal Judge, Family Court, Allahabad in Case No.48 of 2012 (Suman Dubey Vs. Mukesh Kumar Dwivedi). It has also been prayed that a direction be issued to respondent no.1 to decide the execution case no. 499 of 2016 within a month. In nutshell case of the petitioner is that petitioner was married with respondent no.2, Mukesh Kumar Dwivedi, on 23.11.2004 and in the year 2015 petitioner has filed an application for her maintenance under Section 125 Cr.P.C. before the Principal Judge, Family Court, Allahabad bearing case no. 48 of 2012.
Despite service of notice upon respondent no.2, he did not appear before the Family Court and ultimately on 29.7.2013 ex-parte order was passed by Principal Judge, Family Court, Allahabad whereby respondent no.2 has been directed to pay a sum of Rs. 3000/- per month as maintenance to the petitioner.
It is next contended that despite aforesaid order dated 29.7.2013 no amount has been paid by the respondent no.2 to the petitioner.
Record indicate that execution case no. 449 of 2016 filed by the petitioner under Section 128 Cr.P.C. is still pending.
In view of above, in order to secure the ends of justice, the Principal Judge, Family Court, Allahabad is directed to decide the execution case no. 449 of 2016 filed by the petitioner within two months from the date of production of a certified copy of this order.
It is made clear that no adjournment shall be granted to parties concerned. With the aforesaid observations, this petition is disposed of.
Order Date :- 29.11.2018 AK Pandey