Allahabad High Court
MUSKAN AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to decide the pending maintenance application within three months, without permitting undue adjournments.
Summary
The applicants filed an application under Section 529 of the Criminal Procedure Code seeking an order for the speedy disposal of a pending maintenance case (Case No. 1090 of 2024) filed under Section 125 Cr.P.C. before the Additional Principal Judge, Family Court No. 2, Kanpur Nagar. The trial court had been hearing the matter since 22 May 2024, and an interim maintenance application dated 17 December 2025 was also pending. The State's counsel did not oppose expediting the hearing. The High Court directed the trial court to decide the matter within three months of the certified copy of the order, barring undue adjournments, and disposed of the application without issuing notice to the second opposite party, noting it as an innocuous order.
Issues considered
- Whether the High Court can direct the trial court to dispose of a pending Section 125 Cr.P.C. maintenance application expeditiously.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125, 529
Subjects
- maintenance
- Section 125 CrPC
- expeditious disposal
- family law
- interim maintenance
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2228 of 2026
Muskan And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Debee Shanker Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Debee Shanker Pandey, 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 Case
No. 1090 of 2024 (Muskan Vs. Mohd. Naushad), under
Section 125 Cr.P.C., Police Station Raipurwa, District
Kanpur Nagar, pending in the Court of learned Additional
Principal Judge, Family Court No. 2, Kanpur Nagar, within
stipulated time.
3. Learned counsel for the applicants apprised the Court
that an application under Section 125 Cr.P.C. is pending
before the learned trial court since 22.05.2024 and an
interim maintenance application dated 17.12.2025 is also
pending before the same court and the case has not
culminated to its logical conclusion.
4. Learned A.G.A. has no objection if the matter of hearing
on maintenance application be expedited in the interest of
justice as it pertains to the interim maintenance of wife and
children.
5. In view of the above, it is directed that the learned trial
court concerned shall make all endeavour to decide the
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 undue
adjournments to either of the parties.
NA529 No. 2228 of 2026
2
6. With the aforesaid direction, this application is disposed
of without issuing any notice to opposite party No. 2 as it is
an innocuous order. If opposite party No. 2 feels aggrieved,
he may approach this Court.
(Prashant Mishra-I,J.)
May 5, 2026
Kashifa
Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad
Checking your session…