Allahabad High Court
Smt. Sarita Rani Pal vs State Of U.P. And Another on 26 November, 2020
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- APPLICATION U/S 482 No. - 16898 of 2020 Applicant :- Smt. Sarita Rani Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
Heard Sri Santosh Kumar Yadav, learned counsel for the applicant and learned A.G.A for the State.
This application under Section 482 Cr.P.C has been filed seeking the following relief:
"to direct the court below i.e Principal Judge, Family Court, Mirzapur to decide the Misc. Case no.453 of 2018 in Re Smt. Sarita Rani Pal Vs. Pradeep @ Akhilesh U/s 128 Cr.P.C. Police Station-Aharaura, District-Mirzapur, pending in the court of learned Principal Judge, Family Court, Mirzapur within stipulated period."
The opposite party No. 2 failed to pay the applicant, the maintenance amount awarded by the learned trial court in proceedings under Section 125 Cr.P.C, instituted by the applicant.The applicant accordingly took out the proceedings under Section 128 Cr.P.C. for enforcement of the order of maintenance.
Sri Santosh Kumar Yadav, learned counsel for the applicant contends that the application under Section 128 Cr.P.C. is pending before the Principal Judge, Family Court, Mirzapur. The applicant does not have any independent source of income and is solely dependent upon the opposite party no.2. The opposite party no.2/husband of the applicant has failed to maintain her. The applicant and her children stand on the brink of the financial destitution on account of the negligent and callous attitude of the opposite party no.2. The opposite party no. 2 is a tube-well operator working in the Nagar Palika, Mirzapur and has a regular source of income.
The only prayer made by Sri Santosh Kumar Yadav, learned counsel for the applicant is that the case under Section 128 Cr.P.C. may be decided within a stipulated period of time.
Learned A.G.A does not have any objection to the aforesaid prayer.
These contentions have to be examined on merits by the learned trial court. However, at this stage the case for an expetitious disposal of the proceedings is clearly made out.
The legislative scheme for maintenance of wives, children and parents is enacted in Chapter IX of the Cr.P.C., which is appropriately titled "Order for Maintenance of Wives, Children and Parents". The legislative scheme is comprehensive and extends from Sections 125 and 128 Cr.P.C.
The legislative intent of the said provisions is to provide expeditious of financial succour to the dependent spouse and children of the defaulting party. The purpose of grant of maintenance under the said provisions shall be defeated, if the said proceedings are kept pending indefinitely. Delay in deciding the application under Section 128 Cr.P.C will frustrate the legislative object of enacting the provision.
It is imperative that the proceedings under the aforesaid provisions be decided expeditiously as per law by the competent court to realise the legislative intent and secure the ends of justice.
In the wake of the preceding discussion, this Court has to set a time frame for disposal of the proceedings as per law.
The matter is remitted to the learned trial court/ learned Principal Judge, Family Court, Mirzapur to execute the following directions:
(i) The learned trial court/ learned Principal Judge, Family Court, Mirzapur shall decide the Misc. Case no.453 of 2018 in Re Smt. Sarita Rani Pal Vs. Pradeep @ Akhilesh U/s 128 Cr.P.C. in accordance with law preferably within a period of three months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad.
The computer generated copy of such order be self attested by the petitioners (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(ii) An opportunity of hearing shall be given to the opposite party no. 2.
(iii) The opposite party no. 2 shall cooperate with the proceedings before the learned trial court.
(iv) The learned trial court if necessary shall proceed on a day to day basis to ensure that the above stipulated time period of three months is strictly adhered to.
With the aforesaid directions, the application is disposed of finally.
Order Date :- 26.11.2020 Ashish Tripathi