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Allahabad High Court

SMT. ABHILASHA SINGHversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court directed the Family Court to decide the pending maintenance case within six months, without unnecessary adjournments, thereby exercising its power under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The applicant, Smt. Abhilasha Singh, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to the Principal Judge of the Family Court, Etawah, to decide a pending maintenance case (No. 318 of 2023) under Section 125 of the Criminal Procedure Code. The High Court noted that the maintenance case had been pending since 2023 and, without delving into its merits, ordered that the Family Court decide the matter expeditiously, preferably within six months, and avoid unnecessary adjournments. The Court also directed the production of a certified copy of the order. Consequently, the application was disposed of with the said directions. The order emphasizes timely disposal of maintenance proceedings to protect the interests of the parties involved.

Issues considered

  • What procedural direction can the High Court issue under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023 to ensure expeditious disposal of a pending maintenance case under Section 125 Cr.P.C.?

Legislation cited

Subjects

  • Section 529
  • maintenance
  • Family Court
  • expeditious disposal
  • adjournments
  • Section 125 Cr.P.C.

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4791 of 2026

                                    Smt. Abhilasha Singh
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)                     :   Pradeep Kumar Yadav
                                    Counsel for Opposite Party(s)                :   G.A.

                                    Court No. - 77
                                                   HON'BLE SANJAY KUMAR PACHORI, J.

                                    Heard Shri Pradeep Kumar Yadav, learned counsel for the applicant, Shri
                                    A.K. Rai, learned A.G.A. for the State and perused material on record.

                                    The present application under Section 529 of Bhartiya Nagrik Suraksha
                                    Sanhita, 2023 has been filed by the applicant with a prayer to issue a
                                    direction to the Principal Judge, Family Court, Etawah to decide the
                                    Maintenance Case No. 318 of 2023, under Section 125 of Cr.P.C., Police
                                    Station Ekdil, District Etawah within stipulated period.

                                    Considering the fact that the case is pending since 2023, without expressing
                                    any opinion on the merits of the case, this application is finally disposed of
                                    with a direction to the Principal Judge, Family Court, Etawah to decide the
                                    aforesaid case in accordance with law, as expeditiously as
                                    possible, preferably within a period of six months, after production of
                                    certified copy of the order, 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 18, 2026
                                    T. Sinha
                                                                                      (Sanjay Kumar Pachori,J.)




Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad


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