SMT. DHANWANTI AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA529/1182/2025 · 2025-05-08
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51868 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51868 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75798 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1182 of 2025 Applicant :- Smt. Dhanwanti And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ulajhan Singh Bind 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. 2096 of 2023, under Section 125(3) CrPC, P.S. Khandauli, District Agra, pending in the Court of Principal Judge, Family Court, Agra, expeditiously. 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 no.1 is the wife of opposite party no.2 and present case is pending since 2023. 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. Applicant no.1 is residing with her minor daughter and she 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 2023. No maintenance amount was paid by the opposite party no.2/ husband to the applicants. The opposite party no.2 is not cooperating with the progress of the case. Applicant no.1 is a lady having one minor daughter of tender age. Now the opposite party no.2 / husband is not appearing before the Court. 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 presence of the opposite party no. 2 by sending appropriate process within three months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious
disposal of the case keeping in view the work load of the said Court, 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 :- 9.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad