Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:106737 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2012 of 2025 Applicant :- Smt. Radha Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dev Prakash Sharma,Priyanka Devi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 529 B.N.S.S. has been filed with a prayer to direct the Court of Principal Judge, Family Court, Mahoba to decide the Case No.154 of 2023 (Smt. Radha Devi Vs. Brijendra Singh Yadav) under Section 128 Cr.P.C., Police Station Kotwali, District Mahoba pending before it, expeditiously within a stipulated period. 3. Learned counsel for the applicant submits that the applicant before this Court is the aggrieved wife of the opposite party no.2. Earlier, maintenance order was passed by the court under section 125 Cr.P.C. vide order dated 30.8.2017 but the opposite party no.2 / husband has not appeared before the court and did not pay any amount to the applicant / aggrieved wife, which compelled her to adopt procedure under section 128 Cr.P.C. It is also submitted that again the opposite party no.2 did not appear before the court. The matter is still pending since 2023 and more than two years have been passed. The applicant / aggrieved lady is suffering a lot both mentally and financially. She has no means of livelihood. Hence, it has been prayed that a suitable direction be given to the court concerned to decide the execution application within a stipulated time. 4. In the factual matrix of the case and keeping in view the hardship suffered by the applicant / aggrieved wife, the Court concerned is directed to make all possible efforts and to use its power attributed to it by law to procure the appearance of the opposite party no.2 before the Court and to ensure the compliance of its order to issue recovery warrant against opposite party no.2 and shall make all possible endeavours to dispose of the case under reference as expeditiously as possible preferably within a period of six months from today without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment. 5. With the above observations, the application stands disposed of.
Order Date :- 7.7.2025 / ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad