Allahabad High Court
SHILA DEVI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court ordered the trial court to decide the pending maintenance enforcement case within three months and disposed of the application.
Summary
The applicants, Shila Devi and two minor children, sought an expeditious disposal of a pending maintenance enforcement case (Misc. Case No. 63 of 2025) before the Family Court, Chandauli, under Section 147 of the B.N.S.S. Act. The maintenance order, originally passed under Section 125 of the Criminal Procedure Code in 2017, had not been complied with by the opposite party, Ajeet Kumar. The State's counsel acknowledged the non‑execution of the order but argued that further notice to the opposite party was unnecessary. The High Court, after hearing counsel, directed the trial court to decide the matter within three months, barring unnecessary adjournments, and disposed of the application. The order aims to ensure swift enforcement of the maintenance decree.
Issues considered
- Whether the High Court can direct the trial court to expedite the enforcement of a maintenance order under Section 147 B.N.S.S.
- Whether further notice to the opposite party is required before disposing of the application for expeditious disposal
Legislation cited
- B.N.S.S. — s. 147, 529
- Code of Criminal Procedure, 1973 — s. 125
Subjects
- maintenance
- Section 125 Cr.P.C.
- Section 147 B.N.S.S.
- expeditious disposal
- family court
- high court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2221 of 2026
Shila Devi And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Chhaya Gupta, Sujeet Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Ms. Chhaya Gupta, learned counsel for the applicants and learned
A.G.A. representing the State and perused the record.
2. The instant application has been preferred by the applicants with a prayer
for expeditious disposal of Misc. Case No. 63 of 2025, under Section 147
B.N.S.S., Police Station Dhanapur, District Chandauli, pending in the court
of learned Principal Judge, Family Court, Chandauli, within stipulated time.
3. It is apprised by learned counsel for the applicants that the marriage
between the parties was solemnized in the year 2004 and an application
under Section 125 Cr.P.C. was filed in the year 2014. Thereafter, on
01.09.2017, an order was passed by the Principal Judge, Family Court,
Chandauli on the application under Section 125 Cr.P.C., but till date, not a
single penny has been paid by opposite party No. 2 to the applicant-Shila
Devi and minor children Prince and Priya. It is also averred that on
03.02.2025 an application under Section 147 B.N.S.S. was moved before the
learned Principal Judge, Family Court for the enforcement of the
maintenance order passed in favour of the applicant Shila Devi and her
minor children, but the same is still pending before the learned trial court
along with the petition. The order sheet of the learned trial court has also
been filed.
4. It appears from the last order sheet that the recovery warrant along with
N.B.W. has been issued against opposite party No. 2-Ajeet Kumar and the
proceedings are pending at that stage.
NA529 No. 2221 of 2026
2
5. Learned A.G.A. does not dispute the fact that the maintenance order was
passed in the year 2014 and till date it has not been executed in letter and
spirit. He further states that no useful purpose would be served in issuing
notice to opposite party No. 2 and keeping this application pending before
this Court and it may be disposed of at this stage itself.
6. In view of the above, it is directed that the learned trial court concerned
shall make all endeavour to decide this case expeditiously preferably within
a period of three months from the date of production of certified copy of this
order, if there is no legal hurdle, without permitting unnecessary
adjournments to either of the parties.
7. With the aforesaid direction, this application is disposed of.
(Prashant Mishra-I,J.)
May 5, 2026
Kashifa
Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad
Checking your session…