SUNDARI ALIAS SUNANDA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA529/696/2025 · 2025-04-06
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33989 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33989 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:52981 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 696 of 2025 Applicant :- Sundari Alias Sunanda And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Prabodh Dubey,Ashok Kumar Giri 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 Principal Judge, Family Court, Kushinagar at Padrauna to decide the Crl. Misc. Case No.62 of 2021 (Sundari Alias Sunanda Vs. Shailendra) under Section 125 Cr.P.C., Police Station Hata, District Kushinagar, pending before it, expeditiously within a stipulated period.
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 applicants that the applicant no.1 is the aggrieved wife and applicant no.2 is the minor son of the opposite party no.2. 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. It is also submitted that only 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 no.1 is a poor lady. She is not getting any 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. It reveals from the perusal of the record that earlier the matter was decided ex-parte in favour of the applicant / wife but the said
order was subsequently recalled and since then the matter is pending without any effective proceeding. It was brought to the
notice of this Court that while setting aside the ex-parte order vide
order dated 22.5.2024, the learned Family Court had directed the opposite party no.2 to pay some specific maintenance amount in favour of the applicants but the same has not been complied with.
7. 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.
8. In the factual matrix of the case and keeping in view the hardship suffered by the applicants, the Court concerned is
directed to expedite this matter taking into cognizance the fact of
order dated 22.5.2024 and all endeavours shall be made by it 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.
9. 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.
10. 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