Smt. Pragati Alias Sadhvi Yadav v. State of U.P. and Another

Court No. - 4 Case :- APPLICATION U/S 482 No. - 40651 of 2023 Applicant :- Smt. Pragati Alias Sadhvi Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

¶1The present application under 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 27.06.2023 passed by Additional Principal Judge, Family Court, Farrukhabad in Case No. 633 /11/2022 (Smt. Sadhvi Yadav Vs. Padam Prakash) under Section 128 Cr.P.C. and it if further prayed to direct the opposite party no.2 to pay the maintenance amount in compliance of the order dated 10.9.2016 within stipulated period as fixed by this Court.

¶2After hearing the counsel for the applicant, the court is of the prima facie view that the order passed by the Additional Principal Judge, Family Court, Farrukhabad dated 27.6.2023 does not call for any interference by this Court.

¶3Heard learned counsel for the applicant, learned A.G.A. for opposite party no.1 and perused the record.

¶4The application filed by the applicant dated 3.9.2022 for the payment of arrears of maintenance for a period 9.12.2016 till

8.12.2016 at the rate of Rs. 4,000/- per month (total Rs. 48,000/-) was rejected by the Additional Principal Judge, Family Court, Farrukhabad vide his order dated 27.6.2023. Aggrieved against the aforesaid order, the applicant preferred the present petition.

¶5Application filed by the applicant was rejected on the ground that the application was filed with considerable delay. It is further stated in the order that no explanation whatsoever has been submiited for condonation of delay in filing such kind of application.

¶6In this view of the matter, after recording the cogent findings, the application dated 3.9.2022 was rejected.

¶7After going through the aforesaid order, the court is of the prima facie opinion that the order passed by the court below is absolutely perfect and valid order and does not call for any interference by this Court. 8 Accordingly, present application is dismissed. Order Date :- 3.11.2023 Kumar Manish. High Court of Judicature at Allahabad