Minakshi v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 39110 of 2023 Applicant :- Minakshi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awanish Kumar Baranwal Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicant and learned A.G.A.

¶2The applicant has invoked the jurisdiction of this Court under section 482 Cr.P.C. with a prayer to direct Additional Principal Judge, Family Court, Court No.1, District Azamgarh to decide the Execution Case No. 222 of 2019, u/s 128 of Cr.P.C. Minakshi Vs. Rahul, arising out of maintenance Case No. 43 of 2016 filed by applicant under section section 125 of Cr.P.C, within the stipulated period..

¶3Learned counsel for the applicant has submitted that the applicant is wife of O.P. No.2 and she has filed an application on 20.8.2019 for enforcement of order of maintenance on the basis of which the instant case No. 222 of 2019 has been instituted, however, the said case is pending disposal and has been lingering-on, on one pretext or the other.

¶4In view of above, court below is expected to make all endeavour to decide the aforesaid case expeditiously preferably within a period of three months after giving opportunity of hearing to both the sides and without giving unnecessary adjournments to either side, if there is no other legal impediment in deciding the aforesaid case.

¶5With these observations, the application filed u/s 482 Cr.P.C. stands disposed of. Order Date :- 26.10.2023 R High Court of Judicature at Allahabad