Allahabad High Court
AFIFA ARIF ZUBAISHMI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court held that it may issue a direction under Section 529 to the Family Court to decide the pending maintenance case expeditiously, subject to procedural compliance.
Summary
The applicants filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking a court order directing the Principal Judge of the Family Court, Kaushambi, to decide a pending maintenance case (No. 354 of 2025) filed under Section 125 of the Criminal Procedure Code. The High Court noted that the maintenance case had been pending since 2025 and, without addressing the merits, directed the Family Court to dispose of the matter within six months, prohibiting unnecessary adjournments, subject to the production of a certified copy of the order. The direction was issued to ensure expeditious resolution and to prevent further delay. The application was consequently disposed of with the said direction. The judgment emphasizes the court’s power under Section 529 to enforce timely disposal of pending family law matters.
Issues considered
- Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, direct a Family Court to decide a pending maintenance case within a specified time frame without expressing an opinion on the merits.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Code of Criminal Procedure, 1973 — s. 125
Subjects
- maintenance
- Section 125 CrPC
- Section 529
- family court
- expeditious disposal
- adjournments
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4915 of 2026
Afifa Arif Zubaishmi And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mahmudul Hasan, Ujjwal Verma
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Mahmudul Hasan, learned counsel for the applicants, 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 applicants with a prayer to issue a
direction to the Principal Judge, Family Court, Kaushambi to decide the
Maintenance Case No. 354 of 2025, under Section 125, Cr.P.C. within
stipulated period.
Considering the fact that the case is pending since 2025, 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, Kaushambi 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 17, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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