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2025 DAILYLAW 33977 (ALL)

SWETA CHAURASIYA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA529/1028/2025 · 2025-04-30

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68882 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1028 of 2025 Applicant :- Sweta Chaurasiya And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Nath,Anil Kumar,Krishna Dev Mishra Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed seeking direction to the Additional Principal Judge, Family Court, Court No.3, Allahabad to take necessary action against the opposite party no.2 in compliance of the order dated 19.3.2024 within stipulated period of time. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the applicant no.1 is the wife of opposite party no.2. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. Applicants are not in a position to attend the Court for the pairvi of the case on each and every date. 4. I have considered the submissions and perused the record. 5. It reveals from the perusal of the order sheets that case under Section 125 CrPC was decided ex-parte against the opposite party no.2/ husband vide order dated 17.5.2023. The said order was not complied with. It also reveals that the Court concerned is taking all possible steps to procure the presence of the opposite party no.2 / husband and several processes even attachment notice has been sent by it to the police of State of Gujarat, where opposite party no.2 resides. Since the Court concerned is attentive enough, there is no justification to pass any order for expeditious disposal of the said case. 6. With the above observations, the application stands disposed of. Order Date :- 1.5.2025/safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad