Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:81263 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1428 of 2025 Applicant :- Shyamdulari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Upadhyay 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. 451 of 2015, application dated 8.9.2015 filed under Section 127 Cr.P.C. in Case No. 44 of 2003 under Section 125 CrPC, Police Station- Karimuddinpur, District- Ghazipur pending in the Court of learned Principal Judge/ Family Court, Ghazipur 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 applicant before this Court is the aggrieved wife. It is further submitted that earlier an application was moved under Section 125 Cr.P.C. by the applicant was allowed exparte and the opposite party no.2 husband was directed to pay certain maintenance amount to the applicant but since the same was not paid and the maintenance allowance fixed by the Court was not sufficient to fulfill the requirement of the applicant, an application under Section 127 Cr.P.C. was moved for enhancement of the same. It is further submitted that in the said proceedings also the husband did not appear so far and the matter is pending for exparte evidence. It is further submitted that the said case is pending at the stage of exparte evidence for long but the learned trial Court is not taking any interest for recording the exparte evidence, as a result of which the applicant is in the condition of starvation for want of money. 4. I have considered the submissions and perused the record. 5. Since the applicant is the aggrieved wife and no maintenance allowance was paid to her by the opposite party no.2, the Court concerned is directed to take proper interest to decide the aforesaid application in accordance with law preferably within two months from the date of production of certified copy of this order before it,
and thereafter all endeavours shall be made for expeditious disposal of the case preferably within six months, if there is no legal impediment, keeping in view the heavy work load in the said Court.
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 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. 7. With the above observations, the application stands disposed of. Order Date :- 16.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad