NEETA DEVI AND ANOTHER v. State of U.P. AND ANOTHER
A482/33418/2024 · 2025-04-22
Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 99545 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 99545 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:61916 Court No. - 87 Case :- APPLICATION U/S 482 No. - 33418 of 2024 Applicant :- Neeta Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hriday Raj Tripathi Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.
1. Heard Shri H.R. Tripathi, 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.37 of 2023 (Neeta Devi and another v. Abhishek), under Section 128 Cr.P.C. pending before the Principal Judge, Family Court, Kaushambi.
3. Learned counsel for the applicants submits that the applicant no.1 is wife and applicant no.2 is son of opposite party no.2. He further submits that due to matrimonial discard the applicant no.1 had left her matrimonial house along with minor son, applicant no.2 and filed a maintenance case no.374 of 2021 before the Principal Judge, Family Court, Kaushambi under Section 125 Cr.P.C. wherein the Court concerned has granted maintenance of Rs.3000/- per month to applicant no.1, wife and Rs.500/- per month to applicant no.2 vide order dated
07.01.2023. When opposite party no.2 chose not to pay the said amount in compliance of order dated 07.01.2023, the applicants were left with no option but to file the aforesaid Execution Case on 23.02.2023, which is still pending consideration.
4. Considering the factual situation 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.37 of 2023 (Neeta Devi and another v. Abhishek), 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