Allahabad High Court
SHAHNAZ FATIMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
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
- Code of Criminal Procedure, 1973 — s. 125, 529
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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