Sajida Parveen @ Soni vs State Of U.P.And Another
2022 Latest Caselaw 13015 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 

 
Case :- APPLICATION U/S 482 No. - 11364 of 2022
 

 
Applicant :- Sajida Parveen @ Soni
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Tufail Hasan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ram Manohar Narayan Mishra,J.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

The instant application under Section 482 Cr.P.C. has been filed by the applicant with prayer that the learned Judicial Magistrate, Gram Nyayalay, Tundla Firozabad to decide the case No. 03 of 2021, under Section 31 of Protection of women from Domestic Violence Act, 2005, within stipulated period and for that necessary directions may be issued by this Court.

Learned counsel for the applicant submitted that the applicant was married to opposite party no. 2 on 27.10.2013 according to Muslim Rights and customs and out of the wedlock, one son was born. Opposite party no. 2 was demanding dowry and ousted her from his home and for that reasons she was compelled to live at her parental house. Victim has filed a case in the court of A.C.J.M., Firozabad bearing Case No. 619 of 2016, under Sections 12, 18, 19, 20, 21 and 22 of Protection of Women from Domestic Violence Act.

Learned magistrate has passed an order dated 18.2.2020 awarding maintenance of Rs. 4,000/- per month in favour of the applicant but opposite party no. 2 did not obey the orders of court and no maintenance was provided by him to her despite the order of the court. Thereafter, applicant has filed an application under Section 31 Protection from Women of Domestic Violence Act before the learned magistrate on 15.12.2021 for enforcement of maintenance order dated 18.2.2020 passed in ex-parte judgment alongwith other protection orders. However, the same is pending before the court concerned.

Learned A.G.A. has not opposed the prayer made in the application for expeditious disposal of the case concerned.

A perusal of the order sheet of the court concerned reveals that the court concerned has issued non-bailable warrant and recovery warrant against opposite parties for recovery of the amount of maintenance and letter has been issued to S.S.P. concerned for enforcement of recovery and arrest warrant, however, the same could not be enforced.

In view of above, court concerned is directed to proceed in the case expeditiously with a view to ensure enforcement of the maintenance order passed in judgment dated 18.2.2020 preferably within a period of three months from today, if there is no legal impediment. Accordingly, the instant application is disposed of.

Order Date :- 14.9.2022

A.P. Pandey