Smt. Usha vs State Of U.P. And Another
2021 Latest Caselaw 555 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- APPLICATION U/S 482 No. - 19946 of 2020
 

 
Applicant :- Smt. Usha
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Arun Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Arun Kumar Singh, learned counsel for the applicant as well as learned AGA for the State and perused the record.

Present application has been filed by the applicant seeking a direction to the Principal Judge, Family Court, Hamirpur to decide the Case No.59 of 2015 (Smt. Usha vs. Shiv Badan Verma) under section 125 Cr.P.C. within a stipulated time period.

It is submitted by the learned counsel for the applicant that the applicant being wife of opposite party No.2 has filed an application on 12.5.2015 under section 125 Cr.P.C. claiming maintenance. The case was proceeded ex-parte and was decided by ex-parte judgment dated 25.10.2016 awarding maintenance of Rs.17,000/- per month in favour of applicant. The opposite party No.2 has moved an application for recalling of order dated 25.10.2016 which was allowed on payment of cost of Rs.40,000/- by the Principal Judge, Family Court, Hamirpur vide order dated 10.9.2020. Learned counsel for the applicant further submitted that the applicant is having no source of income and her application for maintenance is pending since 2015.

Learned AGA has raised no objection to the prayer made in this application.

Without going into merit of the case, it is appropriate that the above Case be decided expeditiously.

In view of above, the Principal Judge, Family Court, Hamirpur is directed to decide the Case No. 59 of 2015 (Smt. Usha vs. Shiv Badan Verma) under section 125 Cr.P.C. within a period of four months from the date of production of copy of this order.

With the aforesaid direction, the application under Section 482 Cr.P.C. is finally disposed of.

Order Date :- 8.1.2021

P.P.