Allahabad High Court
SMT NEELAM @ VRIJ LATAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court ordered the trial court to dispose of the pending matrimonial case within two months, exercising its power under Section 529 CPC.
Summary
The applicant, Smt Neelam @ Vrij Lata, filed an application under Section 529 of the Code of Civil Procedure seeking expeditious disposal of a Miscellaneous Matrimonial case (No. 86 of 2019) arising from a matrimonial original suit. The underlying matter involved an execution application under Section 125(3) of the Criminal Procedure Code filed on 30.01.2019, which remained pending, causing the applicant severe financial hardship. The learned counsel for the State did not oppose the request for acceleration. The High Court, considering the long pendency and the applicant's hardship, exercised its powers under Section 529 CPC and directed the trial court to decide the case within two months, barring undue adjournments. The application was consequently disposed of in favour of the applicant.
Issues considered
- Whether the High Court can direct the trial court to expedite a pending matrimonial case under Section 529 CPC.
- Whether such direction is appropriate in a matter pending under Section 125(3) CrPC.
Legislation cited
- Code of Civil Procedure, 1908 — s. 529
- Code of Criminal Procedure, 1973 — s. 125(3)
Subjects
- expeditious disposal
- Section 529 CPC
- Section 125(3) CrPC
- family court
- pendency
- interim relief
- matrimonial case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2295 of 2026
Smt Neelam @ Vrij Lata
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Raghvendra Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard Sri Raghvendra Kumar Mishra, 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 expedite the Misc. Matrimonial Case No. 86 of 2019 arising out
matrimonial original case No. 540 of 2017 (Smt. Neelam @ Vrij Lata Vs.
Devendra) Under Section 125(3) Cr.P.C. Police Station- Farah, District-
Mathura, pending before the Family Court / F.T.C-II, District- Mathura.
Learned counsel for the applicant apprised this Court that for compliance
of the order dated 12.03.2018 passed by learned Trial Court the applicant
has filed an application under Section 125(3) Cr.P.C. on 30.01.2019 and
since then that application is pending on account of which the applicant is
facing great financial hardship, as she has not received a single penny. He
further submitted that the 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 the aforesaid, the instant application finally stands disposed of.
(Prashant Mishra-I,J.)
May 7, 2026
Saurabh
Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad
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