Court No. - 49
Case :- APPLICATION U/S 482 No. - 19974 of 2018 Applicant :- Uma Singh @ Om Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mridul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned recovery warrant dated 11.05.2018 passed by the learned Family Court, Varanasi in Case No. 388 of 2016 (Munni Devi Vs. Uma Singh), under Section 128 Cr.P.C., Police Station- Ram Nagar, District- Varanasi and to direct the learned Court below to decide the application under Section 127 Cr.P.C. of the applicant bearing Case No. 405 of 2017 (Uma Singh Vs. Munni Devi) within stipulated period.
Learned counsel for the applicant has prayed that the proceedings of recovery be stayed during the pendency of the proceedings under Section 127 Cr.P.C. arising out of order dated 24.12.2015. By that order, interim maintenance allowance @ Rs. 3,000/- per month to the opposite party no. 2 had been awarded by the learned Court below. Thirty months have passed and Rs. 90,000/- (approximately) would be outstanding against the applicant under the aforesaid order.
While, no stay order can be granted as prayed, at this stage, since the applicant has not deposited any amount, it is expected that proceedings under Section 127 Cr.P.C. may be concluded in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties.
Again, it is made clear that this Court has not granted any stay in the present application. Therefore, recovery proceedings against the applicant may be proceeded in accordance with law.
The present application is disposed of with the aforesaid observation.
Order Date :- 31.5.2018 A. Singh