SHILA DEVI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA529/2221/2026 · 2026-05-04
Prashant Mishra I
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3097 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3097 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 2221 of 2026 Court No. - 84 HON'BLE PRASHANT MISHRA-I, J.
1. Heard Ms. Chhaya Gupta, learned counsel for the applicants and learned A.G.A. representing the State and perused the record. 2. The instant application has been preferred by the applicants with a prayer for expeditious disposal of Misc. Case No. 63 of 2025, under Section 147 B.N.S.S., Police Station Dhanapur, District Chandauli, pending in the court of learned Principal Judge, Family Court, Chandauli, within stipulated time. 3. It is apprised by learned counsel for the applicants that the marriage between the parties was solemnized in the year 2004 and an application under Section 125 Cr.P.C. was filed in the year 2014. Thereafter, on 01.09.2017, an order was passed by the Principal Judge, Family Court, Chandauli on the application under Section 125 Cr.P.C., but till date, not a single penny has been paid by opposite party No. 2 to the applicant-Shila Devi and minor children Prince and Priya. It is also averred that on 03.02.2025 an application under Section 147 B.N.S.S. was moved before the learned Principal Judge, Family Court for the enforcement of the maintenance order passed in favour of the applicant Shila Devi and her minor children, but the same is still pending before the learned trial court along with the petition. The order sheet of the learned trial court has also been filed. 4. It appears from the last order sheet that the recovery warrant along with N.B.W. has been issued against opposite party No. 2-Ajeet Kumar and the proceedings are pending at that stage. Versus Counsel for Applicant(s) : Chhaya Gupta, Sujeet Kumar Counsel for Opposite Party(s) : G.A. Shila Devi And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. Learned A.G.A. does not dispute the fact that the maintenance order was passed in the year 2014 and till date it has not been executed in letter and spirit. He further states that no useful purpose would be served in issuing notice to opposite party No. 2 and keeping this application pending before this Court and it may be disposed of at this stage itself. 6.
In view of the above, it is directed that the learned trial court concerned shall make all endeavour to decide this case expeditiously preferably within a period of three months from the date of production of certified copy of this order, if there is no legal hurdle, without permitting unnecessary adjournments to either of the parties. 7. With the aforesaid direction, this application is disposed of. May 5, 2026 Kashifa NA529 No. 2221 of 2026 2 (Prashant Mishra-I,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad