Allahabad High Court
SMT. SONAM SHIVHARE AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The trial court must decide the pending family suit within six months of the order, without granting unnecessary adjournments.
Summary
The applicants, Smt. Sonam Shivhare and another, filed an application under Section 529 of the Criminal Procedure Code seeking an expeditious disposal of their pending family suit (Case No. 49/9 of 2023) before the Principal Judge Family Court, Banda. The suit, filed in 2023 under Section 125 of the CrPC, had not progressed to a conclusion. The State, represented by an Additional Government Advocate, raised no objection to the applicants' request. The High Court, after hearing counsel for both sides, directed the trial court to decide the matter within six months of receiving the certified copy of the order, prohibiting unnecessary adjournments unless a legal impediment existed. Consequently, the application was disposed of with the directive for speedy resolution.
Issues considered
- Whether the trial court should be directed to dispose of the pending family suit expeditiously under Section 529 of the Criminal Procedure Code
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125, 529
Subjects
- Section 529 CrPC
- expeditious disposal
- family law
- adjournment
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2374 of 2026
Smt. Sonam Shivhare And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Brijesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Amit Singh Parihar, Advocate holding brief of Sri
Brijesh Kumar, learned counsel for the applicant and learned
A.G.A. representing the State and perused the record.
2. The instant application has been preferred by the applicant
with a prayer for expeditious disposal of Case No. 49/9 of 2023
(Smt. Sonam Shivhare Vs. Mahendra Shivhare), under Section
125 Cr.P.C., Police Station Fatehganj , District Banda, pending in
the court of learned Principal Judge Family Court, Banda, within
stipulated time.
3. Learned counsel for the applicant submitted that the present
case is pending since 2023 and the same has not culminated to its
logical conclusion.
4. Learned A.G.A. has no objection to the innocuous prayer of
the applicant.
5. In view of the above, it is directed that the learned trial court
concerned shall make all endeavour to decide the aforesaid
case expeditiously, preferably withing a period of six months
from the date of production of certified copy of this
order,without granting any unnecessary adjournment to either
of the parties, if there is no legal impediment.
NA529 No. 2374 of 2026
2
6. With the aforesaid direction, this application is disposed of.
May 12, 2026
A. Mandhani
(Prashant Mishra-I,J.)
Digitally signed by :-
ABHISHEK MANDHANI
High Court of Judicature at Allahabad
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