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2025 DAILYLAW 46007 (ALL)

SMT. MAMTA @ USHA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA529/1053/2025 · 2025-05-04

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71472 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1053 of 2025 Applicant :- Smt. Mamta @ Usha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Srivastava,Priyanka Srivastava 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. 149 of 2020 (72 of 2023), under Section 125 CrPC, Police Station- Naujhil, District- Mathura pending in the Court of learned Principal Judge, Family Court, Mathura 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 present case is pending since 2020 and earlier an order was passed to provide interim maintenance to applicant no.1/wife and applicant no.2 minor daughter but no amount was paid so far by opposite party no.2. 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. 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 take some appropriate steps to decide this case preferably within a period of six months and strict order should be passed to compel the opposite party no.2/ husband at least to grant the interim maintenance as ordered by the Court within one month from the date of production of certified copy of this order before it. 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 :- 5.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad