Allahabad High Court
SMT. REEMA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The Court held that no direction to expedite the pending application is required as it was filed only two months earlier, but any interim maintenance application must be decided within 60 days.
Summary
The applicants, including Smt. Reema, filed an application under Section 144 of the B.N.S.S. on 1 June 2026 in the Family Court, Etah, seeking relief from neglect by the husband, Shri Dilshad, and the case remained pending. They moved the High Court under Section 529 of the B.N.S.S. requesting the trial court to decide the matter within a stipulated period. The State opposed the request, but its counsel raised no objection. The High Court observed that the application had been filed only two months earlier and a hearing date of 19 August 2026 had already been fixed, thus no further direction was necessary at this stage. However, the Court directed that if an interim maintenance application is pending, it must be decided within 60 days without unnecessary adjournments. Consequently, the High Court disposed of the application under Section 529 B.N.S.S. without ordering any further action.
Issues considered
- Whether the High Court should direct the Family Court to decide the pending application under Section 144 B.N.S.S. within a stipulated period
- Whether an interim maintenance application, if filed, should be decided within 60 days
Legislation cited
- B.N.S.S. — s. 144, 529
Subjects
- family law
- maintenance
- interim relief
- procedural direction
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4863 of 2026
Smt. Reema And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sudhir Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE SUBHASH CHANDRA SHARMA, J.
Heard learned counsel for the applicants as well as learned A.G.A. for the
State and perused the material on record.
The present application has been filed by the applicants with a prayer to
allow this application and direct the learned Principal Judge, Family Court
Etah to decide the Case No. 377 of 2026 (Smt. Reema and others Vs Shri
Dilshad) under section 144 B.N.S.S., Police Station Awagarh, District- Etah,
pending before learned Principal Judge, Family Court Etah within stipulated
period.
It is submitted by learned counsel for the applicants that in this case
applicant no. 1 is wife of opposite party no. 2 (Dilshad) and is living separate
from him with minor children due to his neglect. He further submits that she
filed an application under Section 144 B.N.S.S. on 01.06.2026 that is still
pending and has not been decided till now by the learned trial court,
therefore, request to direct the learned trial court to decide the application
finally within a stipulated period of time.
Learned A.G.A. has no objection in this regard.
Considering the facts and circumstances of the case and submissions made
by learned counsel for applicants as well as learned A.G.A. and perusal of
record, the order sheet, it appears that this application under Section 144
B.N.S.S. has been filed on 01.06.2026 before the learned court on which the
learned court has issued notice to opposite party and fixed the date on
19.08.2026 and directed the applicants to take necessary steps. Since this
NA529 No. 4863 of 2026
2
application has been moved before the learned court just prior two months
from today, therefore, it requires no any direction at this stage. However, if
an application for interim maintenance is pending or filed by the applicant
before the learned trial court, it will make its endeavor to decide the
application for interim maintenance within a period of 60 days from the date
of filing of application, without granting any unnecessary or long
adjournments to either of the parties in accordance with law, if there is no
other legal impediment.
With the aforesaid directions, the present application under Section 529
B.N.S.S. stands disposed of finally.
September 23, 2026
Suraj Srivastav
(Subhash Chandra Sharma,J.)
Digitally signed by :-
SURAJ SRIVASTAVA
High Court of Judicature at Allahabad
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