Allahabad High Court
ASMITA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court held that it may direct the Family Court to decide the pending maintenance case within six months and to avoid unnecessary adjournments.
Summary
The applicants filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to the Principal Judge of the Family Court, Kushinagar, to decide a pending maintenance case (No. 402 of 2024) within a reasonable time. The High Court noted that the case had been pending since 2024 and, without addressing the merits, ordered that the Family Court decide the matter expeditiously, preferably within six months, and refrain from granting unnecessary adjournments. The court also directed the production of a certified copy of the order. The application was consequently disposed of with the said directions. The judgment emphasizes the court's power to enforce timely disposal of family law matters under Section 529.
Issues considered
- Whether Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023 empowers the High Court to direct a Family Court to decide a pending maintenance case within a specified period.
- Whether the High Court can impose a limitation on adjournments in a family law matter pending before a lower court.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 125, 144, 529
Subjects
- Section 529
- maintenance
- family court
- expeditious disposal
- adjournments
- BNSS
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4933 of 2026
Asmita And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Bharti, Kamlesh Prasad
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Akhilesh Bharti, learned counsel for the applicants, Shri B.N.
Upadhyay, learned Brief Holder for the State and perused material on
record.
Learned counsel for the applicants is permitted to correct the prayer clause,
during the course of the day.
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, Kushinagar, at Padrauna to
decide the Maintenance Case No. 402 of 2024, under Section 125
Cr.P.C./144 of BNSS, Police Station Patherwa, District Kushinagar, within
stipulated period.
Considering the fact that the case is pending since 2024, 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, Kushinagar, at
Padrauna 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
KJ
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad
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