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Neutral Citation No. - 2025:AHC:32619 Court No. - 73 Case :- APPLICATION U/S 482 No. - 30203 of 2024 Applicant :- Smt Sudha Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. By means of the present application under Section - 482 Cr.P.C., the applicant has sought for a suitable direction to the Principal Judge, Family Court, Gorakhpur to expedite the hearing and to decide the Execution Case No. 895 of 2021 (Smt. Sudha Devi Vs. Jitendra Kumar), under Section - 128 Cr.P.C., arising out of Case No.342 of 2016 (Smt. Sudha Devi Vs. Jitendra Kumar), Under Section 125 Cr.P.C., Police Station - Sahjanwa, District - Gorakhpur, within time stipulated by this Court, which is pending before the aforesaid court.
3. It is submitted by learned counsel for the applicant that applicant was awarded maintenance by the Family Court vide order dated 31.01.2018 and after that she has initiated aforesaid proceedings under Section 128 Cr.P.C. but no amount of arrears of maintenance has been realised so far, due to which applicant is facing financial hardship. It was submitted that a direction may be issued to the court concerned to decide the aforesaid case within specific time frame.
4. In view of aforesaid, the Family Court concerned is directed to expedite the proceedings of the aforesaid case and to conclude the same as early as possible, preferably within a period of six months from the date of production of copy of this
order is filed before the court concerned, provided that there is no legal impediment.
5. The instant application under Section 482 Cr.P.C. is disposed of accordingly.
Order Date :- 6.3.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad