Allahabad High Court
Smt. Yasmeen Bano vs State Of U.P. & Others on 16 March, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- U/S 482/378/407 No. - 1323 of 2021
Applicant :- Smt. Yasmeen Bano
Opposite Party :- State Of U.P. & Others
Counsel for Applicant :- Niyaj Ahmad
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Learned counsel for the applicant Sri Niyaj Ahmad, Advocate and learned A.G.A. for the State Sri S.P. Tiwari, Advocate are present in the Court.
The present application under Section 482 Cr.P.C. is filed to direct the opposite party nos.2 and 3 to make compliance of the order dated 23.09.2019, passed by the learned Principal Judge, Family Court, Bahraich in Case No.1344/11/2017; Smt. Yasmeen Vs. Abul Hasan, under Section 128 Cr.P.C., relating to Police Station- Jarwal Road, District Bahraich.
It is evident from the record that order of maintenance had been granted in favour of the applicant under Section 125 Cr.P.C. on 23.09.2019, since then, the maintenance is not being paid to her by opposite party no.4-the husband. In the circumstances, the present application seeking direction for expeditious recovery of the maintenance amount.
Learned counsel for the applicant after arguing for sometime submits that, the grievance of the applicant may be satisfied, if the Court below is directed to issue recovery warrant for recovery of the amount due upon the opposite party no.4-Abul Hasan.
Learned A.G.A. would have no objection if any such direction is given to learned court below.
In the circumstances emerging from the order sheet of the Court, made annexure no.2 to the application, the applicant is directed to appear before the Family Court, Bahraich within thirty days and further to renew her prayer for issuance of recovery warrant under Section 128 Cr.P.C. with regard to the recovery of amount of maintenance fell due till date.
The applicant to take necessary steps, if any, as required by the Family Court, Bahraich itself for the purpose of issuance of recovery warrant.
On steps having been taken, learned Family Court, Bahraich is directed to issue recovery warrant against the opposite party no.4 for recovery of the amount due upon the judgment debtor, recoverable within thirty days from the date, the applicant appears and applies for issuance of warrant before the Family Court, Bahraich.
Opposite party nos.2 and 3 are also directed to ensure compliance of the recovery warrant so as to satisfy the judgment and order of the maintenance against the opposite party no.4 completely and effectively.
The Family Court, Bahraich and the opposite party nos.2 and 3 also to intimate this Court about the satisfaction of the recovery warrant within the aforesaid prescribed time.
The Deputy Registrar (Criminal) is directed to communicate properly, the order of this Court to the Family Court, Bahraich as well as to the opposite party nos.2 and 3 through e-mail also in addition to the common course of procedure, promptly.
With the aforesaid directions, the application under Section 482 Cr.P.C is disposed of.
Order Date :- 16.3.2021
Saurabh
