RESHMA BAND Vs. STATE

JUDGEMENT

(1.) Heard Mr.Z.A.Siddiqui, learned counsel for the petitioner and Mr.Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State.

(2.) THE petitioner is seeking expeditious disposal of Case No.1849 of 2007, pending before the court of Special Additional Chief Judicial Magistrate, (C.B.I.) A.P., Lucknow for trial under Section 3/4 of the Muslim Women Protection of Rights on Divorce Act, 1986, on the ground that the case is pending since 2007, but till date no substantial proceeding has taken place.

(3.) FOR implementation of the aforesaid order, she filed a case being execution case No.1044 of 2009, in which the recovery warrant was issued to the respondent. Thereafter respondent submitted an application on 27th of November, 2009 to set aside the exparte order. That was set aside also on 13th of January, 2010 with the condition that the respondent shall pay to the petitioner Rs.20,000/- within seven days, which was paid to the petitioner. Then the respondent contested the matter and filed written statement on 20th of January, 2011. On 19th of February, 2011 case was fixed for evidence, but the petitioner's counsel sought time to file replication. On 18th of April, 2011 new counsel put in appearance on behalf of petitioner (complainant), who filed replication on 28th of April, 2011. Thereafter the next date is fixed on 21st of May, 2011. He has also informed that in his court about 12,000 cases are pending for trial. In this matter he has fixed the next date only just after 22 days. Accordingly it is stated that the learned Magistrate has proceeded expeditiously to decide the case without committing any delay on his part.