Allahabad High Court
Smt. Madhu Mishra And Another vs Rajeev Kumar Mishra on 5 November, 2019
Author: Umesh Kumar
Bench: Umesh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 7882 of 2019 Petitioner :- Smt. Madhu Mishra And Another Respondent :- Rajeev Kumar Mishra Counsel for Petitioner :- Sanjeev Kumar Rai Hon'ble Umesh Kumar,J.
Heard the learned counsel for the petitioners as well as learned A.G.A. for State-respondent and gone through record.
The instant petition has been filed by the wife-petitioner with a prayer to direct the Court below to decide application dated 3.10.2019 (Annexure-11) moved for execution of order dated 28.3.2019 passed by Family Court/Additional Sessions Judge Court No.-2, Hathras, in case no. 19 of 2013 (Madhu Mishra Vs. Rajeev Kumar Mishra) under Section 125 Cr.P.C.
Learned counsel for the petitioner submits that earlier respondent-husband had approached this Court by filing criminal revision no. 2434 of 2019 (Rajiv Kumar Mishra Vs. State and others) which was decided on 11.7.2019 by coordinate Bench with the following directions:-
"1.Now the applicant shall pay Rs. 12,000/- to the wife and Rs. 10,000/- to the child on a monthly basis regularly without fail from the date of order.
2. The applicant shall also deposit Rs. 1,00,000/- within two months from today to be handed over to the wife and the rest amount of arrears, if any, accruing to the applicant will not be paid and applicant shall not be liable to pay the same and the order is amended and modulated in the aforesaid terms."
Submission of the learned counsel for the applicant is that in spite of direction of this Court referred above, the compliance is not being made by the respondent and no amount has yet been paid to her.
In view of above, it is directed that the Trial Court shall decide application dated 3.10.2019 moved by the petitioner in case No. 19 of 2013 (Madhu Mishra Vs. Rajeev Kumar Mishra) under Section 125 Cr.P.C., expeditiously, in accordance with law, preferably within a further period of six weeks from the date of receipt of a certified copy of this order after affording opportunity of hearing to both the parties without granting unwarranted adjournments to either of the parties.
With the aforesaid direction this petition stands disposed of.
Order Date :- 5.11.2019/S.Verma