Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 140051 (ALL)

SMT. ZEENAT BEGUM v. THE STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NA529/23/2025 · 2025-05-16

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:29200 Court No. - 14 Case :- APPLICATION U/S 529 BNSS No. - 23 of 2025 Applicant :- Smt. Zeenat Begum Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Abdul Alim Khan,Mohd. Vakar Khan Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard. 2. The present application under Section 529 BNSS has been filed with the following prayer: "For the facts, reasons and circumstances stated in the accompanying Affidavit, it is most respectfully prayed that this Hon'ble court may kindly be pleased to direct the learned Principal Judge Family Court Baharaich to decide the Case No. 1269/11/2024 "Zeenat Begum Vs. Gaus Mohammad" pertaining to Police Station-Jarwal Road, District- Baharaich filed under section 147 BNSS for realization of maintenance amount pending before him, expeditiously within stipulated time prescribed by this Hon'ble Court in the interest of justice." 3. Learned counsel for the applicant has submitted that the applicant has filed an application under Section 125 CrPC against the opposite party No. 2 and the same has been decided in favour of the applicant. 4. It is submitted that despite the order passed in favour of the applicant under Section 125 CrPC, the opposite party No. 2 has not made any payment to the applicant till date. Under these compelling circumstances, she moved an application under Section 128 CrPC/ 147 BNSS for execution of the order passed under Section 125 CrPC in which the opposite party No. 2 has put in appearance on 12.05.2025 but till date no payment has been made to her due to which the applicant is facing hardship and it is very difficult for her to meet both ends. 5. After arguing at some length, learned counsel for the applicant confines his prayer to the extent that some direction may be issue to the Principal Judge Family Court Baharaich to decide the Case No. 1269/11/2024 "Zeenat Begum Vs. Gaus Mohammad" pertaining to Police Station- Jarwal Road, District- Baharaich filed under section 147 BNSS filed by the applicant, within the stipulated time as may be fixed by this Court. 6. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. 7. After hearing learned counsel for the parties and without entering into the merits of the case, it is expected that the Principal Judge, Family Court, Baharaich shall make endeavour to decide the application moved by the applicant under Section 128 CrPC/ 147 BNSS in Case No. 1269/11/2024 "Zeenat Begum Vs. Gaus Mohammad" pertaining to Police Station- Jarwal Road, District- Baharaich, which is pending before him, expeditiously, in accordance with law, after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournment to either of the parties. 8. With the aforesaid observations, the application under Section 529 BNSS is disposed of. Order Date :- 16.5.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench