Court No. - 53
Case :- APPLICATION U/S 482 No. - 24959 of 2018 Applicant :- Smt. Sunita Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gulab Singh Yadav,Pusp Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC with a prayer to direct the Additional Principal Judge, Family Court, Allahabad to decide Case No.399 of 2016 (Smt. Sunita Devi Vs. Akhilesh Kumar), under Section 125 CrPC, PS Phoolpur, District Allahabad within a stipulated period of time.
It is submitted that the applicant who is the wife of opposite party no.2 has no means of sustenance and has, therefore, approached the Family Court, Allahabad where the case is now pending before the Additional Principal Judge, Family Court. The submission is that on account of delay in disposal of her claim for maintenance the applicant is suffering irreparable loss and injury in the absence of any means of sustenance.
The Court has been taken through the order sheet which shows that the case was registered on 19.06.2016 and thereafter has been casually drifting with no effective orders being passed over a period of two years. In the circumstances it is provided that in case an application for interim maintenance is pending and if not pending, the same shall be disposed of within a period of one month from the date of receipt of certified copy of this order in the former case and in the latter from date the same is filed before the Family Court positively. Proceedings for maintenance shall be expedited and the Family Court will endeavour to conclude the same within a period of one year without granting unnecessary adjournments to either of the parties, unless there be any stay order of a Superior Court.
This application is, accordingly, disposed of with the above orders.
Order Date :- 25.7.2018 Shahroz