KUMARI CHANCY @ MANYA @ LEESHA v. STATE OF U.P. AND ANOTHER
A482/23752/2024 · 2025-01-07
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79052 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79052 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:4320 Court No. - 73 Case :- APPLICATION U/S 482 No. - 23752 of 2024 Applicant :- Kumari Chancy @ Manya @ Leesha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Tiwari,Ram Bilas Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The present application under Section 482 Cr.P.C. has been filed with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and to direct the learned lower Court to club both the cases bearing Misc. Case No. 939 of 2023, under Section 125(3) Cr.P.C. and Misc. Case No. 571 of 2024, under Section 147 B.N.S.S. filed on behalf of the applicant in pursuance of judgment and order dated 18.07.2023 passed in Crl. Misc. Case No. 405 of 2021, (Kumari Chancy @ Manya Vs. Janardhan Sharma alias Jatin), under Section 125 Cr.P.C., pending in the Court of Additional Principal Judge, Family Court, Gautam Buddh Nagar together and decide the same expeditiously on day to day basis within stipulated period of time for ends of justice and/or to pass such other further orders as this Hon'ble Court may deem fit and proper under the facts and circumstances existing in the present case."
3. It is submitted by learned counsel for the applicant that the applicant is daughter of opposite party no. 2 and she was awarded maintenance by the Family court vide
order dated 18.07.2023. Thereafter she has filed aforesaid cases under Section 125(3) Cr.P.C. and Section 147 B.N.S.S. for recovery of arrears of maintenance but no substantial progress has been made so far, due to which applicant is facing financial hardship and thus, a direction may be issued to the concerned Family court to decide the aforesaid case within specific time frame.
4. In view of the aforesaid, the Family court concerned is directed to expedite the hearing of the aforesaid proceedings under Section 125(3) Cr.P.C. and Section 147 B.N.S.S. and to decide the same as early as possible, preferably within a period of six months from the date of production of copy of this order, provided there is no legal impediment.
5. The application u/s 482 Cr.P.C. is disposed of finally in above terms.
Order Date :- 8.1.2025/RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad