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2025 DAILYLAW 14014 (ALL)

SMT. SEEMA YADAV v. STATE OF U.P. AND ANOTHER

A483/177/2025 · 2025-02-23

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26820 Court No. - 82 Case :- APPLICATION U/S 483 No. - 177 of 2025 Applicant :- Smt. Seema Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar Yadav,Sanjay Kumar Maurya,Sanjeev Kumar Kushwaha Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the Court of Principal Judge, Family Court, Jhansi to decide the Case No.847 of 2022 (Smt. Seema Yadav Vs. Virendra Yadav) under Section 128 Cr.P.C., P.S. Sipri Bazar, District Jhansi pending before it, expeditiously within a stipulated period. 3. Learned counsel for the applicant submits that the case for maintenance u/s 125 Cr.P.C. was filed by the applicant / wife before the court of Family Court, Jhansi wherein judgment was passed on 5.2.2020 by the said court and opposite party no.2 was directed to pay Rs.10,000/- per month as maintenance amount in favour of the applicant / wife. However, the said order was not complied with. An application for the execution of the same was moved by the applicant before the court which is still pending. It is further submitted that non-bailable warrant and recovery warrant had been issued against the opposite party no.2 / husband. It is also submitted that the applicant is a lady and she is suffering a lot both mentally and financially. She has no means of livelihood. Hence, it has been prayed that a suitable direction be given to the court concerned to decide the execution application within a stipulated time. 4. It appears to be one of the oldest cases in the trial court as reflects from the order-sheet of the trial court dated 6.6.2024. 5. 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. 6. 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 decide the aforesaid case within three months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted in the matter by/to either of the parties. 7. With the above observations, the application stands disposed of. Order Date :- 24.2.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad