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2025 DAILYLAW 95402 (ALL)

RUKSANA BEGUM v. STATE OF U.P. AND ANOTHER

A482/30750/2024 · 2025-04-22

Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61939 Court No. - 87 Case :- APPLICATION U/S 482 No. - 30750 of 2024 Applicant :- Ruksana Begum Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Tripathi,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Shri Yogesh Kumar Srivastava, learned counsel for the applicants and learned AGA for the State respondents. 2. The instant application under Section 482 Cr.P.C. has been filed seeking direction to the Principal Judge, Family Court, Kaushambi to expedite the Execution Case No.3 of 2020 under Section 128 Cr.P.C. pending before the Principal Judge, Family Court, Kaushambi within stipulated period. 3. Learned counsel for the applicants submits that the applicant is wife opposite party no.2. He further submits that due to matrimonial discard the applicant had left her matrimonial house and filed a maintenance before the Principal Judge, Family Court, Kaushambi under Section 125 Cr.P.C. wherein the Court concerned has granted maintenance of Rs.2500/- per month vide order dated 15.11.2019. When opposite party no.2 chose not to pay the said amount in compliance of order dated 15.11.2019, the applicant was left with no option but to file the aforesaid Execution Case, which is still pending consideration. 4. Considering the factual situation and without adverting on merits, the instant application is disposed off with the direction to the Principal Judge, Family Court, Kaushambi to decide the Execution Case No.3 of 2020 , under Section 128 Cr.P.C. pending before it, expeditiously, on merits and in accordance with law, if possible, within a period of three months from the date of production of a certified copy of this order. Order Date :- 23.4.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad