Court No. - 53
Case :- APPLICATION U/S 482 No. - 34625 of 2018 Applicant :- Urmila Devi And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Awadh Narain Rai Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicants and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to expedite proceedings of Case No.160 of 2015 (renumbered) (Urmila Devi & Ors. Vs. Bharat Paswan), under Section 125 CrPC pending in the Court of Chief Judge, Family Court, Kushinagar expeditiously within a determinate period of time.
The submission of the learned counsel for the applicant is that the pleadings in the maintenance case have been exchanged and the application is ready for hearing. It is an application of the year 2015 and involves inherent urgency going by the nature of proceedings that seek maintenance brought by the wife. The wife has no means of sustenance and the purpose of the proceedings is to prevent destitution and provide support to the wife.
Looking to the aforesaid facts and circumstances and the fact also that the case is pending since the year 2015, it is directed that the Chief Judge, Family Court, Kushinagar shall proceed to decide Case No.160 of 2015 (Urmila Devi & Ors. Vs. Bharat Paswan) within a period of six months next from the date of receipt of certified copy of this order, unless there be any legal impediment.
In case an application for interim maintenance is made, the same shall be decided within a period of one month from the date of the same being filed positively.
This order will, however, not operate in case there is any stay order interdicting proceedings by a Court of Superior Jurisdiction.
This application is disposed of with the above orders.
Order Date :- 27.9.2018 Shahroz