Allahabad High Court

SMT. SABEENA SEKHversusSTATE OF U.P. AND ANOTHER

Decided: 16 September 2026
Bench: SANJAY KUMAR PACHORI

Holding

The High Court directed the Principal Judge of the Family Court, Prayagraj, to decide the pending maintenance case within six months, thereby exercising its power under Section 529 of the BNSS.

Summary

The applicant, Smt. Sabeena Sekh, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to the Principal Judge of the Family Court, Prayagraj, to decide Maintenance Case No. 393 of 2025 (filed under Section 144, BNSS) within a reasonable time. The High Court noted that the maintenance case had been pending since 2025 and, without addressing the merits, ordered the Family Court to render its decision expeditiously, preferably within six months, and to avoid unnecessary adjournments, provided no other legal impediment exists. The order also required the Family Court to produce a certified copy of its decision. Consequently, the application was disposed of with the said direction. The judgment emphasizes the court's power to enforce timely disposal of pending matters under Section 529 of the BNSS.

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 stipulated period.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 144, 529

Subjects

maintenance
family court
expeditious disposal
Section 529
BNSS
adjournment
direction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4918 of 2026

                                    Smt. Sabeena Sekh
                                                                                                   .....Applicant(s)
                                                                          Versus
                                    State of U.P. and Another
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)          :    Nitin Kharwar, Prabhat Kumar Yadav
                                    Counsel for Opposite Party(s)     :    G.A.

                                    Court No. - 77
                                                   HON'BLE SANJAY KUMAR PACHORI, J.

                                    Heard Shri Nitin Kharwar, 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, Prayagraj to decide the
                                    Maintenance Case No. 393 of 2025, under Section 144, BNSS 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, Prayagraj 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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