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Allahabad High Court

POONAM DEVIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court directed the trial court to decide the maintenance case expeditiously within two months, disposing of the application as an innocuous order.

Summary

The applicant, Poonam Devi, filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Additional Principal Judge of Family Court No.2 to render a final decision in a pending maintenance proceeding (Case No. 148 of 2023) under Section 125 CrPC. The applicant argued that the case had been pending for an inordinate period without conclusion. The State, represented by the Additional Government Advocate, raised no objection to expediting the matter. The Court, noting the undue delay, directed the trial court to decide the maintenance case within two months of receiving a certified copy of the order, barring any legal impediments and disallowing unnecessary adjournments. The application was disposed of as an innocuous order, with a note that the second opposite party could approach the Court if aggrieved.

Issues considered

  • Whether the trial court should be directed to expedite the pending maintenance proceeding under Section 125 CrPC.

Legislation cited

Subjects

  • maintenance
  • Section 125 CrPC
  • expeditious trial
  • pendency
  • Family Court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 2262 of 2026

                                    Poonam Devi
                                                                                               .....Applicant(s)
                                                                       Versus

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

                                    Counsel for Applicant(s)                           :   Monika Pal
                                    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 to the court of Learned Additional Principal Judge, Family Court
                                    No.2, to take final decision, in Maintenance Case No. 148 of 2023
                                    (Poonam Vs. Abhishek & another), under Section 125 Cr.P.C., Police
                                    Station- Bithoor, District- Kanpur Nagar.

                                    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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