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Allahabad High Court

SMT ROLI SHUKLAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court directed the trial court to decide the pending Section 125 case within six months, without granting unnecessary adjournments.

Summary

The applicant, Smt. Roli Shukla, filed an application under Section 529 of the Criminal Procedure Code seeking expeditious disposal of a pending Section 125 maintenance case (Case No. 779 of 2022) before the Family Court, Allahabad. The trial court had earlier been directed, via a Section 482 application (No. 36917 of 2022), to decide the matter within six months, but the case remained unresolved. Both counsel admitted the delay and the State raised no objection to an expedited schedule. The High Court, exercising its inherent powers, ordered the trial court to decide the case within six months of receiving the certified copy of the order, prohibiting unnecessary adjournments. The application was consequently disposed of in favour of the applicant.

Issues considered

  • Whether the High Court can direct a trial court to decide a pending Section 125 Cr.P.C. case within a fixed time frame under its inherent powers.
  • Whether such a direction is appropriate to ensure expeditious disposal of maintenance proceedings.

Legislation cited

Subjects

  • expeditious disposal
  • Section 125 Cr.P.C.
  • maintenance
  • inherent powers
  • adjournment
  • family court

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
         APPLICATION U/S 529 BNSS No. - 2248 of 2026



Smt Roli Shukla
                                                     .....Applicant(s)
                              Versus

State of U.P. and Another
                                                        .....Opposite
                                                              Party(s)

Counsel for Applicant(s)                    :   Nirbhay Singh
Counsel for Opposite Party(s)               :   G.A.

Court No. - 84


            HON'BLE PRASHANT MISHRA-I, J.

1. Heard Mr. Ravi Prakash Srivastava, learned Advocate holding
brief of Mr. Nirbhay Singh, learned counsel for the applicant 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. 779 of 2022
(Smt. Roli Shukla and others Versus Dharmendra Shukla), under
Section 125 Cr.P.C., Police Station George Town, District
Allahabd, pending in the court of learned Principal Judge, Family
Court, District Allahabad, within stipulated time.

3. Learned counsel for the applicant submitted that aforesaid case
is pending since long and it has not culminated to its logical
conclusion. He further submitted that regarding the same case
under Section 125 Cr.P.C., this Court in application under
Section 482 Cr.P.C. No. 36917 of 2022 passed an order dated
05.12.2022 to decide the pending case under Section 125 Cr.P.C.
preferably within a period of six months.

4. Learned A.G.A. could not dispute the contention of learned
counsel for the application that the proceedings under Section
125 Cr.P.C. is pending since long and he has no objection if the
                                                                                            NA529 No. 2248 of 2026
                                                                    2


                                        matter be expedited in the interest of justice.

                                        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 six months from the
                                        date of production of certified copy of this order, if there is no
                                        legal impediment, without granting unnecessary adjournments to
                                        either of the parties.

                                        6. With the aforesaid direction, this application is disposed of.

                                                                                   (Prashant Mishra-I,J.)


                                        May 6, 2026
                                        Kashifa




Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad


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