SMT. SHWETA SRIVASTAVA v. STATE OF U.P. AND ANOTHER
NA529/2229/2025 · 2025-07-16
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74171 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74171 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:115841 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2229 of 2025 Applicant :- Smt. Shweta Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aman Arya,Amit Kumar Chaurasia,Gyanendra Kumar 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. 1042 of 2021 under Section 125 CrPC, Police Station- Adampur, District- Varanasi pending in the Court of learned Additional Principal Judge, Family Court No.1, Varanasi 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 aggrieved wife of opposite party no.2 and the present case is pending since 2021. It is further submitted that earlier an application under Section 125 Cr.P.C. was moved and an application for interim maintenance was also moved, which was allowed by the learned trial Court but since no maintenance allowance was being paid by the opposite party no.2/ husband then the applicant was compelled to file an execution case before the trial Court in which opposite party no.2/ husband did not appear, however, the main proceeding under Section 125 Cr.P.C. is still pending. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said. 4. I have considered the submissions and perused the record. 5. 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 decide the aforesaid execution case in accordance with law preferably
within three 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 aforesaid case, if there is no legal impediment. 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 :- 17.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad