Allahabad High Court
Shanti Devi @ Daya Devi vs Rajnath on 7 December, 2019
Author: Suresh Kumar Gupta
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- MATTERS UNDER ARTICLE 227 No. - 9304 of 2019 Petitioner :- Shanti Devi @ Daya Devi Respondent :- Rajnath Counsel for Petitioner :- Ashutosh Kumar Pandey. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner and learned A.G.A.
This petitioner has been filed with a prayer for a direction to the court of Principal Judge (Family Court), Chandauli to decide the application no. 51 of 2015 (Shanti Devi Vs. Rajnath) under Section 128 Cr.P.C. pending before the Principal Judge (Family Court), Chandauli since 19.12.2017.
Learned counsel for the petitioner submits that interim maintenance order was passed by Chief Judicial Magistrate, Chandauli on 12.12.2011. He further submits that recovery warrant was also issued against the opposite party on 13.12.2016. On being aggrieved with the order dated 13.12.2016 opposite party no. 2 challenged this order by filing an application under Section 482 Cr.P.C. being Application under Section 482 Cr.P.C. No. 1079 of 2017 and this application was disposed of by this Court on 12.1.2017 with a direction to deposit 50% of the arrears of maintenance amount pursuant to the recovery warrant within a period of six weeks from today, then coercive action against the applicant shall be kept in abeyance. It was also directed that the respondent shall further deposit remaining 50% of the arrears of maintenance amount in two equal quarterly instalments from the date of deposit of first instalment, in addition to above, the applicant shall also continue to deposit the monthly maintenance amount as awarded by the Court below by 7th of each calender month but the order passed by this Court was not complied with. In this regard it has further been submitted that application no. 51 of 2015 dated 19.12.2017 under Section 128 Cr.P.C. was filed for the recovery of the maintenance allowance. Till date this application no. 51 of 2015 is still pending before the Principal Judge, Family Court Chandauli.
Considering the rival submissions of the parties and facts and circumstances of the case, I am of the view that the the the Principal Judge, Family Court Chandauli is directed to decide the application no. 51 of 2015 within one month from the date of presentation of a certified copy of this order.
The petition is, accordingly, disposed of.
Order Date :- 7.12.2019 / Anuj Singh