Allahabad High Court
Smt. Nita Devi vs State Of U.P. And Anr on 3 February, 2020
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 28 Case :- APPLICATION U/S 482 No. - 4195 of 2020 Applicant :- Smt. Nita Devi Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Pradeep Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Mr. Pradeep Kumar Pandey, learned counsel for applicant and learned A.G.A. for the State.
This application under section 482 Cr.P.C. has been filed for a direction to Family Court/F.T.C.-2, Kaushambi to decide the execution Case No. 333 of 2014 (Smt. Nita Vs Shiv Sagar) under section 128 Cr.P.C. P.S. Charwa, District Kaushambi.
It transpires from record that initially applicant filed an application under section 125 Cr.P.C., which was registered as Case No. 309 of 2013 (Smt. NIta Vs. Shiv Sagar). Aforesaid application was allowed vide judgement and order dated 8.1.2014, whereby opposite party No.2 was directed to pay a sum of Rs. 1,000/- as maintenance to applicant. However, opposite party no.2 failed to comply with this order. Feeling aggrieved, applicant filed application dated 1.12.2014 under section 128 Cr.P.C. for recovery of amount payable in terms of order dated 8.1.2014. Aforesaid application has not been decided by Court below even though a period of more than five years have rolled by. Thus, applicant has approached this Court by means of present application under section 482 Cr.P.C.
Perused the order sheet.
Perusal of order sheet shows that applicant has presented herself almost on every date, but on account of dealing tactics of opposite party no.2, she has not been able to receive the benefit of order dated 8.1.2014.
Considering that applicant is a lady and facing despair and destitution, coupled with the fact that the case has been pending since January, 2014, it is hereby decided that Court below shall proceed to decide Execution Case No. 309 of 2013 (Smt. Nita Vs. Shiv Sagar) under section 128 Cr.P.C, within a period of six months from the date of production of certified copy of this order, if possible, by proceeding on day today basis.
With the aforesaid direction the application is finally disposed of.
Order Date :- 3.2.2020 Arshad