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Allahabad High Court

SMT. SHILPA KUMARIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court may issue a direction under Section 529 of the BNSS to the Family Court to decide a pending case expeditiously, without addressing the merits of the underlying dispute.

Summary

The applicant, Smt. Shilpa Kumari, 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, Firozabad, to decide a pending maintenance case (No. 1520 of 2025) within a reasonable time. The maintenance case had been pending since 2025 and no substantive merits were argued before the High Court. The High Court, after hearing counsel for both parties, noted the undue delay and, without expressing any view on the merits, issued a direction that the Family Court decide the matter expeditiously, preferably within six months, and avoid unnecessary adjournments. The direction also required the production of a certified copy of the order. The application was therefore disposed of with the said direction. The order emphasizes procedural efficiency and the court’s power to intervene under Section 529 to prevent inordinate delay.

Issues considered

  • Whether the High Court can, under Section 529 of the BNSS, direct a Family Court to decide a pending maintenance case within a specified time frame.

Legislation cited

Subjects

  • maintenance
  • family law
  • procedural direction
  • expeditious disposal
  • Section 529
  • BNSS
  • court intervention

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 4922 of 2026

                                    Smt. Shilpa Kumari
                                                                                                .....Applicant(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Praveen Kumar           Tiwari,    Ravindra
                                                                    Kumar Mishra
                                    Counsel for Opposite Party(s) : G.A.

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

                                    Heard Shri Himanshu Mishra, Advocate, holding brief of Shri Ravindra
                                    Kumar Mishra, learned counsel for the applicant, Shri B.N. Upadhyay,
                                    learned Brief Holder 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, Firozabad to decide the
                                    Maintenance Case No. 1520 of 2025, under Section 144 of BNSS, Police
                                    Station Sikohabad, District Firozabad, 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,
                                    Firozabad 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.



                                                                                    (Sanjay Kumar Pachori,J.)
                                    September 17, 2026
                                    KJ




Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad


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