Smt. Anindita Haldar and Another v. Addl. Principal Judge Family Court, Court No. Iv, Lucknow and Another

Court No. - 13 Case :- MATTERS UNDER ARTICLE 227 No. - 6040 of 2023 Petitioner :- Smt. Anindita Haldar And Another Respondent :- Addl. Principal Judge Family Court, Court No. Iv, Lucknow And Another Counsel for Petitioner :- Prem Chandra Chauhan,Kashi Ram Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioners. Notices to respondent no. 2 are dispensed with in view of the proposed order. By this petition, the petitioners have prayed for the following relief:- Wherefore, it is most respectful prayer that this Hon'ble Court may kindly be pleased to direct the opposite party No. 1 to consider and decide the application dated 23.01.2023 filed in Case No. 486/2023 Anindita Halder and another Vs Partha Halder for recovery of maintenance under section 125(3) Cr.P.C. since 01.11.2017 therefore pass strict order against Opposite party No. 2 for recovery of arrear amount Rs. 7,65,000/- within 3 months and to pass an order for attaching the all accounts and all movable and immovable property of opposite party No. 2 with account of petitioner No. 1 in the interest of justice. Learned counsel for the petitioners submits that for execution of the order dated 17.09.2017 passed in criminal case No. 286 of 2010 under Section 125 Cr.P.C., an application under Section 125(3) Cr.P.C. has been filed by the petitioner which is pending since 23.01.2023. He further submits that the proceedings being summary in nature are liable to be expedited. In view of the innocuous nature of the prayer, the petition is disposed of directing learned Principal Judge, Family Court, Lucknow to expedite the application dated 23.01.2023 filed under Section 125(3) Cr.P.C. in case No. 486 of 2023 "Anindita Halder and another Vs. Partha Halder", preferably within a period of six months from the date of receipt of certified copy of this order. Order Date :- 1.12.2023 R.C. High Court of Judicature at Allahabad, Lucknow Bench