Smt Poonam v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 44403 of 2023 Applicant :- Smt Poonam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

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

¶2This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Misc. Case No.361 of 2022, under Section 128 Cr.P.C. arising out of proceeding U/s 125 Cr.P.C. vide order dated 28.02.2019 passed by Principal Judge, Family Court, Kasganj.

¶3Learned counsel for the applicant submitted that applicant's application filed U/s 125 Cr.P.C. was allowed vide order dated

28.02.2019 and awarded Rs.5,000/- per month as maintenance allowance to the applicant but opposite party No.2 has not paid a single penny. Opposite party No.2 challenged the impugned order dated 28.02.2019 by filing Criminal Revision bearing No.2057 of 2019 before this Hon'ble Court and this Hon'ble Court directed the applicant to pay Rs.4,000/- per month as maintenance allowance to his wife without fail regularly, but opposite party No.2 has not paid any amount to the applicant, thereafter, applicant moved application U/s 128 Cr.P.C. for execution of the order, which is pending since 2022.

¶4Considering the argument raised by applicant's counsel, without expressing any opinion on the merits of the case, this application is disposed of with a direction to the learned Principal Judge, Family Court, Kasganj to expedite the application of the applicant in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of 4 months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 5.12.2023 Nitin Verma High Court of Judicature at Allahabad