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Allahabad High Court

SHAHNAZ FATIMAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court directed the Family Court to decide the pending case within two months, emphasizing expeditious disposal under Section 529 CrPC.

Summary

The applicant, Shahnaz Fatima, filed an application under Section 529 of the Criminal Procedure Code seeking an order directing the Additional Principal Judge of Family Court No. 5, Allahabad, to expedite the pending Section 125 case (Shahnaz Fatima v. Akhtar Husain) which had been delayed for a long period. The State, represented by the Additional Government Advocate, raised no objection to expediting the matter. The Court noted the undue pendency and the interest of justice, and consequently ordered the trial court to decide the case within two months of receiving the certified copy of the order, barring any legal hurdles and without allowing undue adjournments. The application was disposed of as an innocuous order without issuing notice to the second opposite party, with a liberty to approach the High Court if aggrieved. The order aims to ensure swift resolution of the maintenance claim under Section 125 CrPC.

Issues considered

  • Whether the High Court can direct the Family Court to dispose of a pending Section 125 case within a specified time frame under Section 529 CrPC.

Legislation cited

Subjects

  • expeditious disposal
  • Section 529 CrPC
  • Section 125 CrPC
  • family court
  • pendency
  • maintenance

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 2261 of 2026

                                    Shahnaz Fatima
                                                                                               .....Applicant(s)
                                                                       Versus

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

                                    Counsel for Applicant(s)      : Vinay Kumar Dwivedi, Vinod Kumar
                                                                    Ojha
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 84
                                                       HON'BLE PRASHANT MISHRA-I, J.
                                    Heard learned counsel for the applicant and learned A.G.A. for the State
                                    and perused the record.

                                    The instant application has been preferred by the applicant with a prayer
                                    to direct the learned Additional Principal Judge, Family Court No.05,
                                    Allahabad to decide the case bearing Case no. 81 of 2024 (Shahnaz
                                    Fatima Vs. Akhtar Husain) Under section 125 Cr.P.C., P.S.- Shankargarh,
                                    District- Prayagraj, pending in the court of Additional Principal Judge,
                                    Family Court no. 05, Allahabad.

                                    Learned counsel for the applicant submitted that present case is pending
                                    since long and the case has not culminated to its logical conclusion.

                                    Learned A.G.A. has no objection if the matter be expedited in the interest
                                    of justice.

                                    Keeping in view the period of pendency of the case, it is directed that the
                                    learned trial court shall make all endeavour to decide this case
                                    expeditiously preferably within a period of two months from the date of
                                    production of certified copy of this order, if there is no legal hurdle,
                                    without permitting undue adjournments to either sides.

                                    With this direction, this application is disposed of without issuing any
                                    notice to O.P. No. 2 as it is an innocuous order. If the O.P. No. 2 feels
                                    aggrieved, he may approach this Court.



                                                                                       (Prashant Mishra-I,J.)
                                    May 6, 2026
                                    Saurabh




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

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