Smt. Mamta vs State Of U.P. And 2 Others
2023 Latest Caselaw 6823 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 

 
Case :- APPLICATION U/S 482 No. - 7153 of 2023
 

 
Applicant :- Smt. Mamta
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Anand Mohan Pandey,Anuj Gaur
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Heard Shri Anand Mohan Pandey, learned counsel for the applicant as well as learned AGA and perused the record.

This is an application under Section 482 Cr.P.C. invoking extraordinary powers of this Court in Case No. 10 of 2015 (Smt. Mamta Vs. Sanjay and Others), under Section 31 of Domestic Violence Act, P.S. Phoolpur, District Varanasi.

Shri Pandey submits that Smt. Mamta wife of Sanjay Rajbhar is living a condition of destitute having no source of income and her husband Sanjay Rajbhar is enjoying his life. The poor lady is running from a pillar to post to any how manage her affairs and the affairs of her 10 years daughter. For this, she moved an application under Section 12 of the Domestic Violence Act, along with an application for the interim maintenance. On 28-02-2013 the learned Additional Chief Judicial Magistrate, 8th, Varanasi was pleased to allow the interim application and fixed Rs. 1200/- per month from the date of the order by way of an interim maintenance.

Despite of the clear order, the order dated 28-02-2013 was ignored simpliciter by the opposite party no.2 nor the opposite party no.2 was appearing to contest the Case No. 4618 of 2012, under Section 18 Ka, kha, 20 and 22 of Domestic Violence Act, P.S. Phoolpur, District Varanasi.

The Additional Chief Judicial Magistrate, 8th, Varanasi was pleased to pass an ex-parte order dated 20-10-2014 quantifying Rs. 3,500/- from the date of judgment i.e. 20-10-2014. When this order was served upon the opposite party no.2 then he has applied for recalling of order dated 20-10-2014 and vide order dated 29-06-2017 the court concerned was pleased to pass an order that in the event the opposite party no.2 deposits Rs. 22,800/- during the period of 29-06-2017 to 26-07-2017, the ex-parte order would be deemed to be recalled.

The submission made by the learned counsel for the applicant that it is interesting to point out here that even that order was simply ignored by the opposite party no.2. For further execution of the aforesaid order an application on 27-08-2018 was moved by the wife and it is contended by the counsel for the applicant that every time if such an application is moved, the concerned Magistrate passed an order of issuing a non-bailable warrant and proceeding under Sections 82-83 Cr.P.C., but the fact remains that not a single penny has been paid by the opposite party no.2 to the applicant.

It is really astonishing feature of this case that the opposite party no.2 shamelessly ignoring and disobeying the order of the Court and the Court is sitting as a silent spectator to the entire episode which is unacceptable position. The Additional Chief Judicial Magistrate, 8th, Varanasi is hereby directed to give a written explanation as to why the amount has not been recovered so far and what steps he has taken to get his order executed against the opposite party no.2 and if any other legal impediment is there, he is also required to spell out the same.

Put up this case as fresh on 27-03-2023.

Let the Registrar (compliance) may send the copy of this order to the Additional Chief Judicial Magistrate, 8th, Varanasi to give a detailed reply of this order by the next date fixed.

Put up this case as fresh on 27-03-2023.

Order Date :- 2.3.2023

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