Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:129194 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2514 of 2025 Applicant :- Ayesha Ansari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gopal Khare 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 interim maintenance application no. 11(Ka) in Case No. 1352 of 2024 under Section 144 BNSS pending in the Court of learned Principal Judge, Family Court, Prayagraj 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 in the proceeding under Section 144 BNSS. It is further submitted that several process have been sent to opposite party no.2 and ultimately the Court presume the service sufficient to him but however, the case case was not proceeded ex-parte and the application for interim maintenance allowance moved by the applicant is still pending and has not been decided so far, 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. In the circumstances, the Court concerned is directed to decide the aforesaid application for interim maintenance in accordance with law within the stipulated period of time mandated in the relevant law itself. It is further
directed that if the trial Court has presume the service of notice upon opposite party no.2 sufficient, it may proceed exparte against him in accordance with law.
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 :- 1.8.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad