SMT. MALTI DEVI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA529/1122/2025 · 2025-05-19
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50662 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50662 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:84631 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1122 of 2025 Applicant :- Smt. Malti Devi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan 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 Execution Case No. 16 of 2024, under Section 125(3) CrPC read with Section 128 Cr.P.C., P.S- Mandawar, District- Bijnor pending in the Court of Principal Judge, Family Court, Bijnor, expeditiously within the 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 and applicant nos. 2 and 3 are the daughter and son of opposite party no.2. It is further submitted that the case under Section 125 Cr.P.C. was decided in favour of the applicants and some directions were given to opposite party no.2 and when the order of the Court was not complied with another proceedings under Section 125 (3) Cr.P.C. was initiated by the applicants. After his presence in the said case opposite party no.2 is still not paying any maintenance allowance as ordered by the trial Court. 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 but looking to the peculiar circumstances of the present case, the Court concerned is directed to invoke the powers given to it under law to ensure the payment of the whole amount which was to be paid by opposite party no.2 to the applicants in the light of the order of the trial Court dated 27.8.2023 preferably within a period of six months from today, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 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 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. 7. 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