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2025 DAILYLAW 68057 (ALL)

NANDINEE SINGH v. STATE OF U.P. AND ANOTHER

NA529/1910/2025 · 2025-07-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105792 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1910 of 2025 Applicant :- Nandinee Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Kumar Singh,Vinay Chandra Rawat 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 Execution Case No.1314 of 2024 under Sections 147 of BNSS (Section 128 Cr.P.C.) arising out of Case No. 1849 of 2023 filed under Section 125 CrPC (144 BNSS), Police Station- Gauri Bazar, District- Deoria pending in the Court of learned Principal Judge, Family Court, Deoria 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 wife of opposite party no.2. In the proceeding under Section 125 CrPC initiated by the present applicant an order was passed exparte against the opposite party no.2 to pay Rs. 1,10,000/- per month as maintenance to the applicant. It is also submitted that applicant is unemployed and is totally dependent upon her parents and she is at the verge of starvation. It is also submitted that when no amount was paid by the opposite party no.2, the applicant was compelled to move an application under Section 128 CrPC but the same is still pending. Applicant is not in a position to attend the Court for the pairvi of the case on each and every date. 4. I have considered the submissions and perused the record. 5. It reveals from the perusal of the record that the trial Court is making efforts for procuring the presence of opposite party no.2, who resides at Australia. 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. In the circumstances, the Court concerned is directed to comply with the provisions made specifically to procure the presence of accused, who reside abroad as expeditiously as possible and after recording his evidence, the matter should be decided expeditiously. 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 :- 7.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad