Citation : 2023 Latest Caselaw 15748 ALL
Judgement Date : 18 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:108375 Court No. - 50 Case :- APPLICATION U/S 483 No. - 471 of 2023 Applicant :- Rokaida Bano And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Arun Kumar Srivastava 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.
This Application under Section 483 Cr.P.C. has been filed by the applicant, with a prayer to direct the court below to hear and decide the Case No. 1423 of 2020 (Rokaida Bano and another vs. Mohd. Abrar), under Section 128 Cr.P.C., P.S. Khutahan, District Jaunpur, pending before learned Additional Principal Judge-II, Family court, Jaunpur, expeditiously within a stipulated time.
A perusal of record wold reveal that the applicant No.1 has filed an application under Section 128 Cr.P.C. on 19.9.2020, with a prayer to execute the judgment and order dated 13.12.2019, passed in Maintenance Case No.161 of 2013 (Rokaida Bano and Another vs. Mohd. Abrar), under Section 125 Cr.P.C., whereby the opposite party No.2 has been directed to pay maintenance to applicant No.1 at the rate of Rs.2,000/- per month and Rs.1,000/- per month to applicant No.2.
Considering the fact that the trial is pending since 2020, without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of 6 months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 18.5.2023
Kamarjahan
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