Smt. Sarita Devi vs State Of U.P. & Another
2021 Latest Caselaw 2251 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 
Case :- U/S 482/378/407 No. - 671 of 2021
 
Applicant :- Smt. Sarita Devi
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Mohd. Shameem Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Alok Mathur,J.

1. Sri Mohd. Shameem Khan, learned counsel for the applicant as well as learned A.G.A. for the State.

2. By means of the present application under Section 483 Cr.P.C. the applicant has sought a direction to Additional Judicial Magistrate-VIII, Room No.615, Lucknow for expeditious disposal of Misc. Case No.2169 of 2019 filed for enforcement of the order dated 22.10.2016 passed in complaint case No.1743/2016.

3. It is submitted by learned counsel for the applicants that an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 proceedings were initiated by the applicant and on 22.10.2016 an order was passed in favour of the applicant and a maintenance of Rs.3000/- per month was granted by the court below. Subsequently, opposite party No.2 assailed the said order and this Court vide its judgment and order dated 28.3.2019 modified the said order and reduced the amount of maintenance from Rs.3000/- per month to Rs.2000/- per month. Despite the modification of the said order at the behest of the opposite parties the same has not been complied. Consequently, the applicant moved an application for execution of the said order which is pending before the court since 29.6.2019.

4. It has been stated that the applicant is not receiving any maintenance and, therefore, there is urgency in the matter and the proceedings before the executing court deserve to be expedited.

5. Considering the aforesaid facts and circumstances as well as perusal of the order-sheet, in the interest of justice, it is provided that Misc. Case No.2169 of 2019 be expedited and the matter be decided within a maximum period of three months from the date a certified copy of this order is produced before the court concerned in accordance with law.

6. With aforesaid direction the present application is allowed.

Order Date :- 11.2.2021 (Alok Mathur, J.)

RKM.