SMT. MOHNITI RAINA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/9293/2025 · 2025-03-23
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25693 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25693 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:43002 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 9293 of 2025 Applicant :- Smt. Mohniti Raina And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Divyanshu Nandan Tripathi,Shashi Kant Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. By means of the present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS'), the applicants have sought for a suitable direction to the Principal Judge, Family Court, Gautam Buddh Nagar to expedite the proceedings and to decide the criminal misc. application no. 273 of 2022 filed under Section 125(3) Cr.P.C. within time stipulated by this Court, which is pending before the aforesaid court.
3. It was submitted by learned counsel for the applicants that applicants were granted maintenance by the Family court vide order dated 12.04.2022 and thereafter they have initiated proceedings under Section 125(3) Cr.P.C. on 11.05.2022 but no substantial progress has been made in the said proceedings so far, due to which applicants are facing financial hardship. Learned counsel further submitted that a direction may be issued to the concerned Family court to decide the aforesaid case within specific time frame.
4. In view of aforesaid, the Family court concerned is directed to expedite the proceedings of the aforesaid case and to decide the same as early as possible, preferably within a period of six months from the date of production of copy of this
order before the court concerned, provided there is no legal impediment.
5. The application under Section 528 BNSS is disposed of accordingly.
Order Date :- 24.3.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad