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2026 DAILYLAW 14437 (ALL)

MEERA v. STATE OF U.P. AND ANOTHER

NA529/4423/2026 · 2026-10-05

Jai Prakash Tiwari

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4423 of 2026 Court No. - 82 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record. This application under Section 529 BNSS has been filed seeking direction to the court concerned to expedite hearing and disposal of the interim maintenance application as well as Case No. 842 of 2025 (Meera vs. Satish Kumar Rai), under Section 144 BNSS, pending before the court of learned Principal Judge, Family Court, Mau, expeditiously within stipulated period. Learned counsel for the applicant submitted that on 05.08.2025, applicant filed an application under Section 144 BNSS, since then a year was elapsed without there being any order of interim maintenance. It is also submitted that 3rd proviso of Section 144 BNSS stipulates that "an application for the monthly allowance for the interim maintenance and expenses of proceedings under second proviso shall, as far as possible, be disposed of within 60 days from the date of service of notice of the application to such person. Here, it would be relevant to note Section 144 in Bharatiya Nagarik Suraksha Sanhita, 2023, which provides that: "Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct: Versus Counsel for Applicant(s) : Radhe Shyam Rajbhar, Virpratap Singh Counsel for Opposite Party(s) : G.A. Meera .....Applicant(s) State of U.P. and Another .....Opposite Party(s) It is further provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person." Considering the above facts and circumstances without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court concerned to decide the application for interim maintenance, as well as the aforesaid case, keeping in view the provisions provided under Section 144 BNSS regarding the interim maintenance and application for maintenance in accordance with law, without granting any unnecessary or long adjournments to the parties as expeditiously as possible, preferably within a period of one year from the date of production of a certified copy of this order, if there is no other legal impediment. October 6, 2026 Brijesh NA529 No. 4423 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad