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2025 DAILYLAW 78306 (ALL)

SMT. POOJA GUPTA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA529/2425/2025 · 2025-07-27

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:124008 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2425 of 2025 Applicant :- Smt. Pooja Gupta And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Kapoor 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 Complaint Case No. 576 of 2024, under Section 125 CrPC, P.S. Kotwali, District Varanasi, pending in the Court of Principal Judge, Family Court, Varanasi, 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 record that the case filed by the applicants for maintenance is pending for disposal since the year 2024. 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, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the opposite party no.2 /husband 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, preferably within a period of one year, if there is no legal impediment and also keeping in view the work load of the said Court. 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 :- 28.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad