Court No. - 49
Case :- APPLICATION U/S 482 No. - 9752 of 2018 Applicant :- Smt. Vindhyavasni Shukla Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.
AND Case :- APPLICATION U/S 482 No. - 9769 of 2018 Applicant :- Vindhyavasni Shukla Opposite Party :- State Of U.P. And Another Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Since both application U/s 482 Cr.P.C. Nos. 9752 of 2018 and 9769 of 2018 arise out of common set of facts, the same are being decided together by this order.
APPLICATION U/S 482 No. - 9752 of 2018 Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.
This application under Section 482 Cr.P.C. has been filed seeking direction to the court below to decide the applications filed under Section 127 Cr.P.C. and 128 Cr.P.C. in Case No. 1011 of 2016 and Execution Case No. 781 of 2017 (Smt. Vindhyavasni Shukla & another Vs. Udairaj Tripathi) respectively in Original Case No. 301 of 2004 under Section 125 Cr.P.C. pending before the court of Principal Judge, Family Court, Allahabad within stipulated period.
Learned counsel for the applicant submits that the applicant claims that earlier on 31.05.2005 the Principal Judge, Family Court, Allahabad, under Section 125 Cr.P.C. by which monthly maintenance allowance @ Rs. 1,500/- to the present applicant and Rs. 1,500/- per month to her minor child (from the date of order till his majority) had been awarded.
In view of the facts that the aforesaid amount became wholly inadequate, considering the ever increasing cost of living, the applicant had filed an application under Section 127 Cr.P.C.on 16.12.2016, which has been registered as Case No. 1011 of 2016 (Smt. Vindhyavasni Shukla & another Vs. Udairaj Tripathi). It has remained pending since then.
APPLICATION U/S 482 No. - 9769 of 2018 The amount awarded by the order dated 31.05.2005 has also not been paid to the applicant. Accordingly, the applicant had filed an application under Section 128 Cr.P.C. on 04.09.2017 being Case No. 781 of 2017 (Smt. Vindhyavasni Shukla & another Vs. Udairaj Tripathi), for recovery of Rs. 1,09,000/- for the period 15.12.2012 to 15.02.2017, which has also remained pending since then.
Considering the facts that the applications under Sections 127 Cr.P.C. and 128 Cr.P.C. have remained pending for very long and without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid applications in accordance with law, without granting any unnecessary or long adjournments to either of the parties as expeditiously as possible, preferably within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 27.3.2018 Lbm/-