SMT PRIYANKA CHATURVEDI AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA529/704/2025 · 2025-04-06
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35943 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35943 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:53070 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 704 of 2025 Applicant :- Smt Priyanka Chaturvedi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Sharma,Mohd Hasnain 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, Kanpur Nagar to decide the Case No.277 of 2024 (Smt Priyanka Chaturvedi and Another Vs. Mayank Chaturvedi) under Section 125 Cr.P.C., Police Station Kidwai Nagar, District Kanpur Nagar, 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. The maintenance case filed by the applicant no.1 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 the matter was proceeded ex-parte on 7.9.2024 and now it is pending for ex-parte argument, however, to recall the same, an application was made by the opposite party no.2 and the matter is still kept pending before the trial court. 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. The Court should be more sensitive in the cases where the aggrieved person is a wife and is fighting for her maintenance from her husband. 8.
In the factual matrix of the case and keeping in view the hardship suffered by the applicants, the Court concerned is
directed to make all endeavours 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