Allahabad High Court
Sumit Bathla vs State Of U.P. And Another on 28 January, 2020
Author: Dinesh Pathak
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- APPLICATION U/S 482 No. - 38233 of 2019 Applicant :- Sumit Bathla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiva Tripathi Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
Vakalatnama and counter affidavit filed today by Sri Ranjit Saxena, learned counsel appearing on behalf of the opposite party no.2, are taken on record.
Heard Sri Shiva Tripathi, learned counsel for the applicant, Sri Ranjit Saxena, learned counsel for the opposite party no.2 and learned AGA for the State.
By means of this application U/s 482 Cr.P.C., the applicant has prayed for expeditious disposal of proceeding under Section 125 Cr.P.C. in Case No. 731 of 2017 (Sheetal Bathla vs. Sumit Bathla) P.S.- Indrapuram, District- Ghaziabad, pending in the court of Principal Judge, Family Court, Ghaziabad.
Submission of the learned counsel for the applicant is that vide order dated 19.01.2018, the learned trial court has granted interim maintenance to the tune of Rs. 50,000/- per month which was subsequently modified and reduced to Rs. 30,000/- per month by this Court vide order dated 27.10.2018 in an application u/s 482 No. 38306 of 2018.
It is further submitted that the pleadings of the parties are completed and the case is mature for final disposal, but the opposite party no.2 is unnecessarily lingering the matter and deliberately avoiding the Court proceeding just to get the benefit in pursuance of interim maintenance.
Learned counsel for opposite party no.2 submitted that evidence of contesting respondent is yet to be completed and there is no deliberate inaction at her part to get the proceeding delayed.
Without going into the merits of the case, the Principal Judge, Family Court, Ghaziabad is hereby directed to dispose of the aforesaid case as expeditiously as possible, after giving due opportunity of hearing to both the parties, preferably within a period of three months from the date of production of certified copy of this order.
With the aforesaid directions, the present application u/s 482 Cr.P.C. is hereby disposed of.
Order Date :- 28.1.2020/P Kesari