Court No. - 55 Case :- APPLICATION U/S 482 No. - 801 of 2010 Petitioner :- Amrit Lal Respondent :- State Of U.P. And Another Petitioner Counsel :- A.K.Mishra,R.C.Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Vineet Saran,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the
State-respondents and have perused the record.
This is one of the unfortunate cases where the applicant, who is husband, is
avoiding execution of the order passed against him on 16.2.2001 for payment
of maintenance under Section 125 Cr.P.C. Admittedly, the applicant had
knowledge of the passing of the decree against him in the year 2001. The case
under Section 125 Cr.P.C. was filed against him in the year 1997. It was after
four years that the order granting maintenance was passed. Thereafter in the
year 2003, an execution application no. 168 of 2003 was filed, which is
pending for the last nearly eight years. In the case filed under Section 125
Cr.P.C. in the year 1997, the applicant has filed a restoration application no.
126 of 2008 and now after two years he has come before this Court with the
prayer for staying the recovery proceedings initiated against him in pursuance
of the order dated 16.2.2001 passed by the Principal Judge, Family Court,
Allahabad till the decision on his restoration application no. 126 of 2008.
It is unfortunate that the respondent no. 2-Lachhminiya, who has an order in
her favour for nearly nine years, has not been able to get the said order
executed. The applicant has been taking advantage of procedural
technicalities and has managed to keep the execution at bay for nearly nine
years.
In the facts of this case, I do not find any good ground to exercise the inherent
jurisdiction under Section 482 Cr.P.C. As such, this petition is dismissed.
Since it has come to the knowledge of this Court that execution case no. 168
of 2003, which has been pending before the Principal Judge, Family Court,
Allahabad for getting the order dated 16.2.2001 implemented which the
respondent no. 1 could not get executed for nine years, it is directed that the
Principal Judge, Family Court, Allahabad shall ensure that the execution of
the order dated 16.2.2001 passed in application no. 123 of 1997 (Smt.
Lachhminiya Vs. Amrit Lal) is completed within six weeks from the date of
receipt of this order.
The Registrar General of this Court is directed to send a copy of this order to
the Principal Judge, Family Court, Allahabad within a week from today for
compliance of this order.
Order Date :- 18.1.2010
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