IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH AT JAIPUR JUDGMENT Smt. Sonia Chug Vs. Surender Singh Chug (S.B. Criminal Misc. Petition No.549/2011) S.B. Criminal Misc. Petition under Section 482 Cr.P.C. Date of Order :- March 16, 2011 PRESENT HON'BLE MR. JUSTICE R.S. CHAUHAN Mr.Jai Raj Tantia, for the petitioner. BY THE COURT
The case of the petitioner is that despite the fact that she has filed an application under Section 125 Cr.P.C. on 18.05.2006, neither the case is being decided by the Family Court No.1, Jaipur, nor her application for interim maintenance is being decided by the Court. Therefore, she finds it extremely difficult to survive. Hence, her prayer that the learned Family Court should be directed to decide her application for interim maintenance immediately, and also to decide the case finally as expeditiously its possible.
In the order dated 18.01.2011, the learned Court has not given any reason for not deciding the interim application. Moreover, it is an admitted fact that the case has been hanging fire since 2006 i.e. for more than five years. To say the least, the learned Courts are expected to disposed of the matters of maintenance as soon as possible as the petitioner has to survive on hand to mouth basis. Therefore, sufficient sensitivity should have been shown by the learned Family Court. Instead, the learned Family Court has declined to entertain the interim application without any rhyme or reason.
Therefore, this Court directs the learned Family Court to decide the application for interim maintenance within a period of two weeks and also to decide the case within a period of two months from the date of the receipt of the certified copy of this order.
With these observations, this petition is, hereby, disposed of.
(R.S. CHAUHAN) J.
Manoj solanki