Allahabad High Court
SMT. ABHILASHA SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Code of Criminal Procedure, 1973 — s. 125
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
Checking your session…