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2025 DAILYLAW 2067 (UTT)

BHARTI v. STATE OF UTTARAKHAND

WPMS/270/2025 · 2025-02-14

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1038 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 270 of 2025 UHon’ble Manoj Kumar Tiwari, J. Mr. Tejas Agarwal, learned counsel for the petitioner and Mr. Yogesh Chandra Tiwari, learned Standing Counsel for the State of Uttarakhand. 2. Petitioner has filed three applications under Section 125(3) CrPC for enforcement of order dated 28.10.2021, in respect of different time period. Since those applications have not been considered and decided, therefore, petitioner has filed this writ petition, seeking following relief:- “Issue a writ, order or direction to the Ld. Family Judge, Kotdwara, Pauri Garhwal to decide, Misc. Crl. Case No. 85 of 2021, Mis. Crl. Case No. 124 of 2022 ad Misc. Crl. Case No. 136 of 2023, “Smt. Bharti Vs. Shri Shivam” under Section 125(3) of Cr.P.C. and Misc. Crl. Case No. 10 of 2023, “Smt. Bharti vs. Shri Shivam” under Section 127 of Cr.P.C. pending before the Court of Ld. Family Judge, expeditiously.” 3. It is contended by learned counsel for the petitioner that petitioner is without any source of livelihood and, despite order of maintenance passed in her favour, petitioner has not been able to reap the benefit of said order. 4. Having regard to the fact and circumstances of the case, writ petition is disposed of with a request to Family Court, 2025:UHC:1038 Kotdwar, District Pauri Garhwal, to make endeavour to decide three applications referred above, within three months from the date of production of certified copy of this order. (Manoj Kumar Tiwari, J.) 14.02.2025 Mahinder/