Citation : 2022 Latest Caselaw 20402 ALL
Judgement Date : 8 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- MATTERS UNDER ARTICLE 227 No. - 4523 of 2022 Petitioner :- Smt. Susheela And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy./ Addl. Chief Secy. Deptt. Of Home, Lko. And Others Counsel for Petitioner :- Kunwar Bahadur Singh Counsel for Respondent :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Heard Shri Kunwar Bahadur Singh, learned counsel for petitioners as well as learned Additional Government Advocate for the State and perused the record.
The instant petition has been filed by the petitioners, namely, Smt. Susheela, Shiva and Mohini with the prayer to direct the learned Principal Judge, Family Court, Gonda to ensure compliance of its own judgment and order dated 12.12.2018 passed in Case No. 719/2015 (Smt. Sushila and others Vs. Pawan Kumar @ Pappu), under Section 125 Cr.P.C. and recovered the maintenance amount to the petitioners expeditiously as deemed just and proper by this Hon'ble Court.
In pursuance of the earlier order of this court a report has been submitted by the Principal Judge, Family Court, Gonda stating therein that the steps being taken by the Family court for recovery of maintenance amount from opposite party no.3.
Perusal of this report would also reveal that the efforts are being made by the Principal Judge, Family Court to recover the arrears of maintenance allowance from opposite party no.3 and recovery warrants have also been issued.
Keeping in view the submissions made by learned counsel for the petitioners and the order intended to be passed, the service of notice on opposite party no.3 is hereby dispensed with and the instant petition is finally disposed of with a direction to the trial court to continue to make all out efforts and endeavour by using all means permissible under law to dispose of the application of the petitioners under Section 125(3) Cr.P.C. with utmost expedition, strictly in accordance with law, if there is no legal impediment.
Order Date :- 8.12.2022
Muk
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