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2025 DAILYLAW 112718 (ALL)

SMT. AMRITA SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

A483/2501/2024 · 2025-03-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34908 Court No. - 82 Case :- APPLICATION U/S 483 No. - 2501 of 2024 Applicant :- Smt. Amrita Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed by the applicants with a prayer to direct the Principal Judge, Family Court, Allahabad / Prayagraj to decide the Maintenance Case No.696 of 2023 (Amrita Singh Vs. Chandra Prakash Singh) under Section 125 Cr.P.C., Police Station Koraon, District Prayagraj / Allahabad, expeditiously within a stipulated period. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicants that the applicants are the wife and daughter of the opposite party no.2. Applicant / aggrieved lady was ousted from her matrimonial house on account of non-fulfillment of the additional dowry demand. Case u/s 125 Cr.P.C. for maintenance is pending since 2023 and is at the stage of appearance of opposite party no.2. It is also submitted that the lady applicant is at the verge of starvation and she has no means of her livelihood and she is in dire need of maintenance, but the learned trial court is not taking any interest to ensure the appearance of opposite party no.2 before it. Hence, a suitable direction be issued to the court concerned for expeditious disposal of the case. 4. I have considered the submissions and perused the record. 5. These are the cases which require expeditious disposal because the sufferer is a lady almost in all the cases under section 125 Cr.P.C. 6. The present case is pending for appearance of O.P. No.2 but he is not appearing. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own order and to ensure the service of the process sent to the opposite party under its name. 7. In the factual matrix of the case and keeping in view the hardship suffered by the applicant / aggrieved wife, the Court concerned is directed to take effective steps to procure/ensure the attendance of opposite party no.2 before it within a period of two months from the date of production of certified copy of this order before it and thereafter make all possible endeavours to dispose of the aforesaid case as expeditiously as possible without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment 8. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsel, parties to the case, staff are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 9. With the above observations, the application stands disposed of. Order Date :- 7.3.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad