Allahabad High Court
KIRAN PANDEY AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The court held that the trial court must expedite the recovery of maintenance arrears without unnecessary adjournments, and the application under Section 529 is disposed of.
Summary
The applicants filed an application under Section 529 of the B.N.S.S. seeking a direction to the trial court to decide a pending criminal miscellaneous application under Rule 6(5) of the Protection of Women from Domestic Violence Rules, 2005 and to expedite execution of a maintenance order (Case No. 194 of 2024). The trial court had issued a recovery warrant and a notice to the police but the opposite party had neither appeared nor paid the arrears. The learned counsel for the State opposed the prayer. The High Court, after considering the submissions, directed the trial court to adopt appropriate measures to recover the maintenance arrears as quickly as possible and to avoid unnecessary adjournments, noting no legal impediment. Consequently, the application under Section 529 was disposed of finally.
Issues considered
- Whether the trial court should be directed to decide the pending application under Rule 6(5) of the Protection of Women from Domestic Violence Rules, 2005 within a stipulated period.
- Whether the trial court can be ordered to expedite recovery of maintenance arrears without granting further adjournments.
Legislation cited
Subjects
- maintenance
- domestic violence
- execution of order
- expeditious recovery
- Section 529
- High Court
- application
- adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4866 of 2026
Kiran Pandey And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajendra Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE SUBHASH CHANDRA SHARMA, J.
Heard learned counsel for the applicant 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 trial court to decide the present
Criminal Misc. Application U/s 529 B.N.S.S. and expedite the execution
Case No. 194 of 2024 (Kiran Pandey & another Versus Indrajeet Tiwari)
within stipulated period of time.
It is submitted by learned counsel for the applicants that in this case an
application under rule 6(5) Protection of Women from Domestic Violence
Rules, 2005 is pending from 12.09.2024 and it has not been decided till now,
therefore, request to direct the learned court to decide the case within a
stipulated period of time.
Learned A.G.A. opposed the prayer as aforesaid.
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, it appears that the learned trial court has issued recovery warrant
against the opposite party and also issued letter to concerned S.P. even
though neither the opposite party appeared before the learned court nor
complied the order paid the arrears of amount due against him. In the
circumstances of the case, it is expedient to direct the learned trial court to
make its endeavour to adopt appropriate measure prescribed under the law
for making recovery of arrears of amount of maintenance from the opposite
NA529 No. 4866 of 2026
2
party as expeditiously as possible without granting any unnecessary or long
adjournments to either of the parties, 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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