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2025 DAILYLAW 8846 (ALL)

VIBHA TIWARI v. STATE OF U.P. AND ANOTHER

A483/86/2025 · 2025-02-05

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19396 Court No. - 82 Case :- APPLICATION U/S 483 No. - 86 of 2025 Applicant :- Vibha Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Dubey,Vishwanath Mishra 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 Addl. Principal Judge, Family Court-III, Jaunpur to decide the Case No.964 of 2023 (Vibha Tiwari Vs. Deepak Shukla) under Section 128 Cr.P.C., P.S. Sigramau, District Jaunpur pending in the Court of Principal Judge, Family Court-III, Jaunpur, 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 Principal Judge, Family Court, Bareilly wherein judgment was passed on 23.2.2023 by the said court and opposite party no.2 was directed to pay Rs.4000/- per month as maintenance amount in favour of the applicant / wife. However, the said order was not complied with and no amount of maintenance has been received by the applicant so far. An application for the execution of the same was moved by the applicant before the court under section 128 Cr.P.C. which is pending more than one and half years. 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. 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 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. 5. With the above observations, the application stands disposed of. Order Date :- 5.2.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad