Allahabad High Court
SMT POONAM AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court may, under Section 529 BNSS, issue a mandatory direction to a Family Court to dispose of a pending Section 125 CrPC maintenance proceeding within a reasonable period and to curtail unnecessary adjournments.
Summary
The applicants filed an application under Section 529 of the Bharatiya Nagarik Suraksha Sanhita seeking a direction to the Principal Judge of the Family Court, Ghaziabad, to decide a pending maintenance proceeding (Case No. 840 of 2022 under Section 125 of the Criminal Procedure Code) without further delay. The High Court noted that the maintenance case had been pending since 2022 with no substantive hearing on its merits. It exercised its power under Section 529 BNSS to order the lower court to dispose of the matter expeditiously, preferably within six months, and to avoid unnecessary adjournments. No substantive merits of the maintenance claim were addressed; the order was purely procedural. The application was consequently disposed of with the said direction.
Issues considered
- Whether the High Court can, under Section 529 of the Bharatiya Nagarik Suraksha Sanhita, direct a Family Court to decide a pending Section 125 CrPC maintenance case within a specified time frame.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 529
- Code of Criminal Procedure, 1973 — s. 125
Subjects
- maintenance
- Section 125 CrPC
- Section 529 BNSS
- family court
- expeditious disposal
- adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4745 of 2026
Smt Poonam And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anees Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Balram Mishra, Advocate holding brief of Sri Anees Ahmad,
learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A.
for the State and perused material on record.
The present application under Section 529 Bharatiya Nagarik Suraksha
Sanhita has been filed by the applicant with a prayer to issue a direction to
the Principal Judge Family Court, Ghaziabad to decide the Maintenance
Case No. 840 of 2022 under Sections 125 of Cr.P.C, Police Station Vijay
Nagar District Ghaziabad within stipulated period.
Considering the fact that the maintenance case has remained pending since
2022, without expressing any opinion on the merits of the case, this
application is finally disposed of with a direction to the court below to
decide the aforesaid case in accordance with law, as expeditiously,
preferably within a period of six months without granting any unnecessary
or long adjournments to either of the parties, if there is no other legal
impediment.
With the aforesaid directions, the application stands disposed of finally.
September 17, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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