SWETA SRIVASTAVA AND ANOTHER v. STATE OF U.P. AND ANOTHER
A483/121/2025 · 2025-02-23
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7147 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7147 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:27352 Court No. - 82 Case :- APPLICATION U/S 483 No. - 121 of 2025 Applicant :- Sweta Srivastava And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kandarp Srivastava Counsel for Opposite Party :- G.A. 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 Principal Judge, Family Court, Jaunpur to decide the Case No.101 of 2023 (Sweta Srivastava and another Vs. Shashank Srivastava) under Section 127 Cr.P.C., Police Station Line Bazar, District Jaunpur pending in the Court of Principal Judge, Family Court, Jaunpur expeditiously within a stipulated period.
3. Learned counsel for the applicant submits that the applicant no.1 is the aggrieved wife and applicant no.2 is the daughter of the opposite party no.2. The opposite party no.2 appeared before the court but no written statement / reply has been filed in this case. Learned trial court court is also not taking required interest for the expeditious disposal of the case. Applicant is a poor lady and a maintenance order has already been passed in her favour by way of order dated 2.1.2018 by the Family Court, Jaunpur. The matter is pending since 2023. The applicant 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 aforesaid case within a stipulated time.
4. 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 a period of six 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 and if the opposite party / husband avoids the proceedings of this case, the court concerned is free to take any suitable legal action against him.
5. 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