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2025 DAILYLAW 37978 (ALL)

SMT SONI v. STATE OF U.P. AND ANOTHER

NA529/730/2025 · 2025-04-07

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50656 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 730 of 2025 Applicant :- Smt Soni Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brajesh Kumar Solanki,Pranjal Kesarwani Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Case No. 260 of 2014, under Section 125 CrPC, pending in the Court of Principal Judge, Family Court, Mirzapur, expeditiously within 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 aforesaid case was filed in the year 2014 but gross negligence has been committed by the opposite party no.2 / husband. The case was decided by the trial court vide order dated 20.2.2016 but subsequently the said order was recalled and thereafter the opposite party no. 2 again absconded and the Court concerned again proceeded ex-parte on 24.6.2022 but the said order was also recalled. It is further submitted that the case has not proceeded any further and is still pending before the Court concerned. It is also submitted that no interim maintenance has been granted by the Court concerned in favour of the applicant and the opposite party no.2 is applying delaying tactics in disposal of the said case and only dates are being fixed in the matter. 4. I have considered the submissions and perused the record. 5. It reveals from the perusal of the order sheets that the aforesaid case is pending since 2014. The opposite party no.2 is not cooperating with the progress of the case. Applicant is a lady. This Court is also aware of the fact that the Family Courts in the State of U.P. are overburdened with the cases and are, as such gasping for breath, but however considering the grievance and difficulties faced by the applicant/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. 6. With the above observations, the application stands disposed of. Order Date :- 8.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad