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Neutral Citation No. - 2025:AHC:84305 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1123 of 2025 Applicant :- Smt. Ruby Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Kumar 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. 1195 of 2019, under Section 125 CrPC, Police Station- Dhoomanganj, District-Allahabad pending in the Court of learned Additional Principal Judge, Family Court, Court No.5, Allahabad 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 applicant is the aggrieved wife of opposite party no.2 and the present case is pending since 2019. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said. 4. I have considered the submissions and perused the record. 5. It appears from perusal of the record that earlier the case was proceeded exparte against the opposite party no.2, the husband, subsequently an application was moved by him to recall the exparte order. However, the said application is pending causing hindrance in the proceeding of this 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. 6. In the circumstances, the Court concerned is directed to dispose of the application to recall the exparte order filed by the opposite party no.2, the husband, and thereafter shall make all possible endeavours for the expeditious disposal of the aforesaid case, keeping in view the fact that the applicant is the aggrieved wife and is at the verge of starvation because no maintenance allowance has been paid to her by her husband, if there is no legal
impediment. It is further directed that no unnecessary adjournment will be sought/granted. 7. It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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. 8. With the above observations, the application stands disposed of. Order Date :- 20.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad