Allahabad High Court
SMT. REENA RANIversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The Court directed the trial court to proceed expeditiously with the maintenance application and recover the arrears, disposing of the Section 529 application.
Summary
The applicant, Smt. Reena Rani, filed an application under Section 529 of the B.N.S.S. seeking a direction to the Additional Principal Judge of Family Court No.2, Bulandshahr, to decide a pending maintenance case (Misc. Case No. 973/2025) filed under Section 147 B.N.S.S. against her husband, who had been ordered to pay maintenance but had not paid the arrears. The State opposed the prayer. The High Court noted that the husband had been served notice and appeared but still failed to pay, and found no legal impediment or stay order preventing expeditious disposal. Consequently, the Court directed the trial court to proceed without unnecessary adjournments and to recover the arrears, and disposed of the Section 529 application.
Issues considered
- Whether the trial court should be directed to decide the pending maintenance application under Section 147 B.N.S.S. expeditiously.
- Whether any legal impediment or stay order exists that would prevent such direction.
Legislation cited
- B.N.S.S. — s. 147, 529
Subjects
- maintenance
- family court
- arrears of maintenance
- expeditious disposal
- Section 529
- Section 147
- application
- adjournments
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4867 of 2026
Smt. Reena Rani
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Singh Dahiya
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 applicant with a prayer to allow
this application and direct the learned Additional Principal Judge, Family
Court No. 2, Bulandshahr, to decide Misc. Case No. 973/2025, Smt. Reena
Vs. Vikram Singh, under Section 147 B.N.S.S., Police Station Kotwali
Nagar, District Bulandshahr, expeditiously and preferably within a stipulated
period of time.
It is submitted by learned counsel for the applicant that she is wife of
opposite party no. 2 in whose favour maintenance was awarded but the
amount of arrears of maintenance is not being paid by the opposite party for
which she moved an application under Section 147 B.N.S.S. before the
learned court on 07.08.2025 that is still pending and no amount of
maintenance has been paid to her, therefore, request to direct the learned trial
court to decide the application expeditiously within a stipulated period of
time and to get the amount of arrears of maintenance recovered from the
opposite party.
Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case and submissions made
by learned counsel for applicant as well as learned A.G.A. and perusal of
record, the order sheet, it appears that notice on the opposite party has been
served and he has also appeared before the learned court but amount has not
NA529 No. 4867 of 2026
2
been paid by him to the applicant. In the circumstances of the case, it is
expedient to direct the learned trial court to make its endeavour to proceed
with the case as expeditiously as possible and to get the amount of arrears of
maintenance due against the opposite party no. 2 recovered from him
without granting any unnecessary or long adjournments to either of the
parties, if there is no other legal impediment or any stay order from this
Court.
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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