SMT. DIVYANSHI AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA529/843/2025 · 2025-04-14
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40926 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40926 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:55345 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 843 of 2025 Applicant :- Smt. Divyanshi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Pathak 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. 377 of 2022, under Section 125 CrPC, pending in the Court of Principal Judge, Family Court, Hamirpur, expeditiously within 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 wife of opposite party no.2 and present case is pending since 2022. It is also submitted that on some occasion applicants themselves remained absent but however, since the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case, the case has not proceeded any further and even no reply has been filed by the opposite party no.2. Applicant is 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 the aforesaid case is pending since 2022. The opposite party no.2 is not cooperating with the progress of the case. 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 no.1/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. It is also clarified that if the applicants are defaulter and do not
cooperate with the trial court, it may pass suitable order in the matter in accordance with law.
7. With the above observations, the application stands disposed of. Order Date :- 15.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad