MAQSUDA BANO Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) The present application under Sec. 482 Cr.P.C. has been filed by the applicant with the prayer to direct the Court below to expedite the trial of Execution Case No.34 of 2018 (Maksuda Bano Vs. Mohd. Kabban), under Sec. 128 of Cr.P.C., pending in the Court of Principal Judge, Family Court, Prayagraj (Allahabad), within a stipulated period.

(3.) It is contended by learned counsel for the applicant that the applicant has preferred a case under Sec. 125 of Cr.P.C. seeking maintenance against the opposite party no.2, which has been decided on 8/8/2006 and the opposite party no.2 was directed to pay Rs.4000.00 towards the applicant and her children as well, but the opposite party no.2 has not paid even a single penny to the applicant. It is further contended that being aggrieved by it, the applicant has preferred a case for execution of the order of maintenance before the court of Principal Judge, Family Court, Allahabad on 25/8/2018 and the case was fixed for 29/10/2018 for hearing, but due to strike by the counsel the next date was fixed for 23/10/2018 and on that date the opposite party no.2 was not present. It is further contended that the opposite party no.2 was not appearing in the court on several dates fixed in the matter and the court has issued recovery warrant against opposite party no.2. It is next contended that the matter could not be proceeded further due to Covid-19 pandemic as well and the applicant is a poor lady is suffering from financial crisis, who cannot maintain herself and her daughter without money. It is lastly contended that the court below may be directed to expedite the case mentioned above, within a stipulated period.