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Neutral Citation No. - 2025:AHC:119120 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2031 of 2025 Applicant :- Kushum Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Upadhyay 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. 563 of 2024, under Section 147 of BNSS, P.S. Sakaldiha, District Chandauli, pending in the Court of Principal Judge, Family Court, Chandauli, 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 on 22.7.2024 against the opposite party no.2 to pay Rs. 12,000/- per month 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 147 of BNSS but the same is still pending and as a matter of fact no amount of maintenance is being paid to the applicant. 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 order sheets that in the proceeding under Section 125 CrPC initiated by the present applicant an order was passed against the opposite party no.2 to pay Rs. 12000/- per month as maintenance to the applicant. When no amount was paid by the opposite party no.2, the applicant was compelled to move an application under Section 147 of BNSS but the same is still pending. The opposite party no.2 has not appeared before the Court concerned.
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, but however considering the grievance and difficulties faced by the applicant/wife, the Court concerned is expected to invoke its power to ensure service of process upon the accused person, which is sent under its seal and order in order to procure his presence. 6. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the opposite party no.2 by sending appropriate process to him 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.
7. 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.
8. 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