Allahabad High Court
ANU RASTOGI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to decide the maintenance enforcement matter within two months and disposed of the application as an innocuous order.
Summary
The applicants, Anu Rastogi and another, filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Additional Principal Judge of Family Court No.1, Ghaziabad, to enforce a maintenance order dated 2 March 2012 and a subsequent order dated 17 October 2024. Only Rs. 60,000 had been recovered since the recovery proceedings began on 30 April 2012, leaving the balance unpaid. The State, represented by the Additional Government Advocate, raised no objection to expediting the matter. The High Court, noting the long pendency, directed the trial court to decide the case within two months of receiving the certified copy of the order, barring undue adjournments, and disposed of the application without further notice. The order is appealable only by the aggrieved party.
Issues considered
- Whether the High Court may direct the trial court to expedite the enforcement of a maintenance order under Section 529 CrPC.
- Whether the application seeking such direction is an innocuous order and can be disposed without notice to the opposite party.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125, 125(3), 529
Subjects
- maintenance
- Section 125 CrPC
- Section 529 CrPC
- expeditious disposal
- family court
- enforcement of maintenance order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2263 of 2026
Anu Rastogi And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Birendra Singh Khokher
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard learned counsel for the applicants and learned A.G.A. for the State
and perused the record.
The instant application has been preferred by the applicants with a prayer
to direct the learned Additional Principal Judge Family Court No.1
Ghaziabad to recover the maintenance amount in compliance of recovery
warrant through Collector/District Magistrate, Ghaziabad so that
applicants may be able to get the maintenance amount in compliance of
order dated 02.03.2012 and 17-10-2024 passed in Misc. Case
No.239/2019, 240/2019, 241/2019, 242/2019, 243/2019, 244/2019,
245/2019 and 246/2019 (Smt. Annu Rastogi and another vs. Sri Gaurav
Rastogi) U/s 125 (3) Cr.P.C. arising out of Maintenance case No.76 of
2011 U/s 125 Cr.P.C. at Police within a Station- Sahibabad, District-
Ghaziabad stipulated period as fixed by this Hon'ble court so that justice
may be done with the applicants.
Learned counsel for the applicants apprised this Court that order of
maintenance was passed in favour of the applicants on 02.03.2012. The
recovery proceedings were initiated on 30.04.2012 and till date only an
amount of Rs. 60,000/- has been paid to the applicants. The remaining
corpus of amount of maintenance is still unpaid. He 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
NA529 No. 2263 of 2026
2
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, the same 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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