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Neutral Citation No. - 2025:AHC:145847 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2922 of 2025 Applicant :- Dipika Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Nandan Pandey Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.
1. Heard Mr. Rohit Nandan Pandey, learned counsel for the applicant and learned Additional Government Advocate for the State.
2. By means of this application, the only prayer made by the applicants is that a direction be issued to the court of Principle Judge, Family Court, Gautam Budh Nagar to decide the Compliant Case No. 480/2022 (Dipika Vs. Seelu), under Section 125 Cr.P.C., P.S.- Phase-III, District- Gautam Budh Nagar, within a short stipulated period.
3. Learned counsel for the applicant submits applicant is the wife of the opposite party no.2, she has moved an application for maintenance under Section 125 Cr.P.C. on 27.7.2022 upon which court below vide order dated 31.3.2023, passed ex-parte order in favour of the husband/opposite party no.2, thereafter, applicant moved an recall application for recall of ex-parte order, which was recalled vide order dated 28.4.2023 on the cast of Rs.5,000/-. The applicant is suffering irreparable loss.
Learned counsel further submits that a direction may be issued to the concerned Court to decide the maintenance application within specific time.
4. Considering the facts of the case but without expressing any opinion on the merits of the applicant's case, this application U/s 529 B.N.S.S. is finally disposed of with a direction to the court below concerned to decide the aforesaid case in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this
order, if there is no legal impediment.
Order Date :- 23.8.2025 // Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad