Allahabad High Court
Smt. Vimla Devi vs State Of U.P. And 2 Others on 25 November, 2020
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- APPLICATION U/S 482 No. - 17170 of 2020 Applicant :- Smt. Vimla Devi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Jitendra Rpasad Kushwaha,Nikhil Shukla Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
This application under Section 482 Cr.P.C has been filed seeking the following relief:
"to direct the opposite party No. 2 to take appropriate and necessary action according to compliance of order dated 18.10.2019 passed by Additional Principal Judge, Family Court, Allahabad, passed in Complaint Case No. 947/2018 [ Smt. Vimla Devi Vs. Akhilesh Kumar Gaur] U/s 128 Cr.P.C., Police Station Kyeedganj, Allahabad otherwise it makes the end of justice. And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case"
The opposite party No. 3 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.
Learned counsel for the applicant contends that the applicant took out proceedings under Section 128 Cr.P.C. for recovery of the aforesaid maintenance amount. The application has not been decided till date. The applicant does not have any independent source of livelihood and is completely dependent on her husband. The applicant has a minor school going son. The applicant is on the brink of financial destitution on account of negligent and callous attitude of the opposite party no. 3.
The only prayer made by Sri J.P. Kushwaha, learned counsel for the applicant is that the application under Section 128 Cr.P.C may be decided within 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 application is disposed of with the following directions:
(i) The learned Principal Judge, Family Court, Allahabad before whom application under Section 128 Cr.P.C is pending is directed to decide the application under Section 128 Cr.P.C in accordance with law preferably within a period of four 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. 3.
(iii) The opposite party no. 3 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.
If necessary the authorities in the State of Maharashtra are directed to ensure that the order of the trial court is duly complied with.
The writ petition is disposed of finally.
Order Date :- 25.11.2020 Nadeem Ahmad