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2025 DAILYLAW 36559 (ALL)

SHIKHA v. STATE OF U.P. AND ANOTHER

NA529/700/2025 · 2025-04-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53015 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 700 of 2025 Applicant :- Shikha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Karuna Nand Tiwari Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the Principal Judge, Family Court, Maharajganj to decide the Maintenance Case No.360 of 2022 (Shikha and another Vs. Shubham Verma) under Section 125 Cr.P.C., Police Station Ghughali, District Maharajganj pending before him, 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. She is an aggrieved lady. She was ousted from her matrimonial house without any cogent reason and ground and she is suffering mentally and financially both. The case of maintenance u/s 125 Cr.P.C. was filed in 2022 before the Court of Principal Judge, Family Court, Maharajganj, which is still pending. Due to the non-cooperation on the part of the opposite party no.2, the case is lingering on. It is further submitted that the applicant is a poor lady. She is not getting any maintenance. Hence, a prayer has been made to issue direction to the court concerned for expeditious disposal of the case. 4. 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. 5. 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 make all possible measures and effective steps to procure the appearance of the opposite party no.2 before it within a period of two months from the date of production of certified copy of this order before it and thereafter the Court concerned shall make all endeavours for the expeditious disposal of the aforesaid case, 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. 6. 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 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. 7. 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