Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 63521 (ALL)

SMT. POOJA SAGAR v. STATE OF U.P. AND ANOTHER

NA529/1787/2025 · 2025-07-14

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:114007 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1787 of 2025 Applicant :- Smt. Pooja Sagar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Himanshu Kain,Shakil Ahmad 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 Complaint Case No. 190 of 2019, under Section 125 CrPC, P.S. Mawana, District Meerut, pending in the Court of Principal Judge, Family Court, Meerut, expeditiously within the 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 wife of opposite party no.2 and present case is pending since 2019. 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 case. Applicant is a lady and she is not in a position to attend the Court for the pairvi of the case on each and every date. Since opposite party no.2 has not appeared in the matter, an ex-parte order was passed which was subsequently recalled by the Court concerned and since then the matter is pending without any effective proceeding. It is also submitted that application for interim maintenance allowance was allowed by the Court concerned and some amount of maintenance allowance is being paid by the opposite party no.2/ husband but proper compliance of the said order is not being made by him. 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 2024 at the stage of appearance of opposite party no.2. The opposite party no.2 is not cooperating with the progress of the case. Applicant is a lady. 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. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party no. 2 by sending appropriate process to him and to ensure the actual compliance by the office of its own orders as early as possible and thereafter all endeavours shall be made by it for expeditious disposal of the case, preferably within a period of six months, if there is no legal impediment. 6. With the above observations, the application stands disposed of. Order Date :- 15.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad