Smt. Madhu Sharma v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 33664 of 2023 Applicant :- Smt. Madhu Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sandhya Singh,Kapil Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant; learned AGA for the State respondent and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed for a direction to the Principal Judge, Family Court, Bulandshahr in Maintenance Suit No. 07 of 2014 (Madhu Sharma Vs. Veeresh) under Section 125 Cr.P.C. in Matrimonial Suit No.1192 of 2016 arising out of Recovery Suit No. 31 of 2022, Suit No. 32 of 2022 and Suit No. 24 of 2021, under section 28 A of the recovery of amounts securities and exchange Board of India, pending in the court of Principle Judge, Family Court, Bulandshahr.

¶3Counsel for the applicant submits that application under Section 125 Cr.P.C. was allowed by the order dated 24.07.2015, thereafter opposite party no. 2 has not made any payment to applicant, then applicant initiated execution proceedings against the opposite party no. 2 and the same is pending before the Family Court.

¶4Considering the facts and circumstances of the case 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 make effective effort to execute the order dated 24.07.2015 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 four months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 9.11.2023 Meenu Singh High Court of Judicature at Allahabad