SMT. DEEPIKA SRIVASTAVA SINHA v. STATE OF U.P. AND ANOTHER
NA529/1452/2025 · 2025-05-16
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59229 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59229 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:82629 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1452 of 2025 Applicant :- Smt. Deepika Srivastava Sinha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhanu Bhushan Jauhari,Rishi Bhushan Jauhari 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 application paper no.80 of the applicant moved under Section 127 Cr.P.C. in Case No. 826 of 2017 as well as Case No. 826 of 2017 under Section 125 CrPC, Police Station- Kohna, District- Kanpur Nagar pending in the Court of learned Additional Prinicipal Judge, Family Court No.4, Kanpur Nagar 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. It is further submitted that no maintenance amount was given by the husband except Rs.18,000/- far ago and he is not complying with the order passed in the proceeding of Section 125 Cr.P.C. and that compelled the applicant to file another proceeding under Section 127 Cr.P.C. which is still pending and the trial Court is not taking any interest to decide the case. 4. I have considered the submissions and perused the record. 5. The opposite party no.2 is not cooperating with the progress of the 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. Since the applicant before this Court is the aggrieved wife and the maintenance allowance has not been paid by opposite party no.2 in compliance of the order of the Family court, the Court concerned is expected to take interest for the expeditious disposal of this case and in all circumstances it should be disposed of
preferably within six months from today. 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 :- 17.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad