Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 30153 (ALL)

SMT BABITA SOM v. STATE OF U.P. AND ANOTHER

NA529/693/2025 · 2025-04-06

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:52934 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 693 of 2025 Applicant :- Smt Babita Som Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 B.N.S.S. has been filed with a prayer to direct the Court of Additional Family Court No.1, Ghaziabad to decide the Misc. Case No.333 of 2021 (Smt. Babita Som Vs. Sandeep) under Section 125 (3) Cr.P.C. in Original Case No. 534 of 2017 (Smt. Babita Som Vs. Sandeep), under section 125 Cr.P.C., Police Station Vijay Nagar, District Ghaziabad pending before it, expeditiously within a 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 the applicant is the wife of opposite party no.2 and is aggrieved lady. For the last about three years, the maintenance case is pending before the court. The opposite party no.2 does not want the disposal of the present case and is adopting delaying tactics. Several dates have been fixed in the matter, but it appears that the court is not taking interest in the disposal of the present case and the case is lingering on unnecessary. It is further submitted that the applicant is a poor lady. She is not getting any interim maintenance. She is suffering mentally and financially both. Hence, a prayer has been made to issue direction to the court concerned for expeditious disposal of the case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. These are the cases which require expeditious disposal because the sufferer is a lady almost in all the cases under section 125 Cr.P.C. 7. In the factual matrix of the case and keeping in view the hardship suffered by the applicant / aggrieved wife, the Court concerned is directed to decide the aforesaid case within six 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 in the matter by/to either of the parties. 8. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, 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 :- 7.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad