SMT. SUDHA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA529/2028/2025 · 2025-07-21
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 67826 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 67826 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:119104 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2028 of 2025 Applicant :- Smt. Sudha And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiva Priya Prasad 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. 590 of 2023, under Section 125 CrPC, pending in the Court of Principal Judge, Family Court, Hathras, expeditiously within stipulated period.
2. Heard learned counsel for the applicants 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. An application under Section 125 CrPC was moved by her to get the maintenance from the opposite party no.2 but no order for maintenance has been passed. It is also submitted that cause of delay was mainly the absence of the opposite party no.2/ husband.
4. I have considered the submissions and perused the entire record.
5. It reveals from the perusal of the order sheets that the aforesaid case is pending since 2023. The opposite party no.2 is not cooperating with the progress of the case. Applicant no.1 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 within two 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, if there is no legal impediment.
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 :- 22.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad