Court No. - 53
Case :- MATTERS UNDER ARTICLE 227 No. - 6874 of 2018 Petitioner :- Smt.Zarina Bano Respondent :- Arif @ Chand Babu @ Akaram And Another Counsel for Petitioner :- Piyush Kant Vishwakarma
Hon'ble J.J. Munir,J.
Heard the learned counsel for the petitioner and the learned AGA appearing for the State.
This petition under Article 227 of the Constitution has been filed seeking a direction to the Principal Judge, Family Court, Jaunpur to decide Case No.76 of 2016 (Zarina Bano Vs. Arif @ Chand Babu @ Akram), under Section 125 CrPC within a stipulated period of time.
The submission of the learned counsel for the petitioner 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 2016 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 2016, it is directed that Principal Judge, Family Court, Jaunpur shall proceed to decide Case No.76 of 2016 within a period of eight months next, unless there be any legal impediment.
In case an application for interim maintenance is filed, the same shall be decided within a period of one month from the date of such application being filed.
This petition is, accordingly, disposed of with the above orders.
Order Date :- 17.9.2018 Shahroz