Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:38332 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 485 of 2025 Applicant :- Umesh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Jaiswal,Santosh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Misc. Case No. 1540 of 2024 under Section 145 BNSS, Police Sttaion- Salempur, District-Deoria pending in the Court of learned Additional Principal Judge Family Court No.3, Deoria within stipulated period.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
3. It is submitted by the learned counsel for the applicant that applicant before this Court is the husband of opposite party no.2.
4. It transpires from perusal of the record that the said case pertains to the proceedings under Section 125 Cr.P.C. wherein an exparte decree was passed against the present applicant by the learned trial Court vide order dated 20.9.2023 and the applicant was further
directed to pay Rs.5000/- per month as interim maintenance to opposite party no.2/ wife. Prior to it he had already been directed to pay Rs. 7000/- per month as maintenance amount with effect from 21.12.2018. It further reveals from perusal of the record that an application has been moved by the applicant to recall the exparte order, however, meanwhile execution proceeding started wherein at one date Rs. 25000/- and on another date Rs.5000/- have been paid by the present applicant. Now prayer has been made for expeditious disposal of application moved by the applicant to recall the exparte order.
5. I have considered the submissions and perused the record.
6. Since the applicant has not complied with the order passed by this Court passing exparte decree no blanket relief can be granted
to the applicant, however, it is directed if sufficient amount as the trial Court deems fit is deposited by the applicant as ordered by the Court his application to recall and set aside the judgment and decree shall be heard and decided expeditiously without any unnecessary delay by the learned Family court.
7. In the circumstances, the Court concerned is directed to decide the aforesaid application in accordance with law preferably within two months from the date of production of certified copy of this
order before it, if there is no legal impediment. It is further
directed that no unnecessary adjournment will be sought/granted.
8. It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.
9. With the above observations, the application stands disposed of.
Order Date :- 18.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad