HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4522 of 2026 Court No. - 78 HON'BLE DR. AJAY KUMAR-II, J. 1. Heard Mr. Sharique Ahmed, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section 529 of BNSS has been filed by the applicant with a prayer to direct the Additional Principal Judge, Family Court, Court No. 3, Kanpur Nagar to decide the Case No. 564 of 2024 (Deepika Singh vs. Ashutosh SIngh @ Vishal), arising out of proceeding under Section 125 Cr.P.C. within the stipulated period fixed by this Court. 3. Learned counsel for the applicant submits that the proceedings before the Court concerned be directed to be concluded in a time-bound manner. It is submitted by learned counsel for the applicants that in this case, an application under Section 125 Cr.P.C. was filed before the learned Court below on 12.03.2024, which is still pending and has not been decided till date. Therefore, he requested that a direction to learned Court below be issued to decide the case within a stipulated period of time. 4. Learned A.G.A. has no objection in this regard if the Court below is not already overloaded with huge pendency of such cases. 5. Hon'ble Apex Court in Shaikh Uzma Feroz Hussain vs. State of Maharashtra in Writ Petition (Criminal) No. 587 of 2023 has observed that every High Court and every Court in the country has a huge pendency, the constitutional Court should avoid temptation of fixing a time bound schedule for disposal of any case before any Court unless the situation is extraordinary. 6. Hon'ble Apex Court in High Court Bar Association, Allahabad vs. State of U.P. and others, (2024) 6 SCC 267 has observed in paragraph 42, Versus Counsel for Applicant(s) : Sharique Ahmed Counsel for Opposite Party(s) : G.A. Deepika Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) which is reproduced as under:- "Constitutional Courts should not normally fix a time-bound schedule for disposal of cases pending in any Court. The pattern of pendency of various categories of cases pending in every Court, including High Courts, is different. The situation at the grassroots level is better known to the judges of the concerned Courts. Therefore, the issue of giving out-of-turn priority to certain cases should be best left to the concerned Courts. The orders fixing the outer limit for the disposal of cases should be passed only in exceptional circumstances to meet extraordinary situations." 7. Thus, law as far as issuance of a direction for time-bound/expeditious disposal has already been well settled that only when an exceptional circumstance is made out, a direction for time-bound/expeditious disposal of such a case can be issued not otherwise. 8. Learned counsel for the applicant has failed to make out any exceptional circumstance to issue direction for time-bound/expeditious disposal of case, at this stage. Accordingly, the relief sought by way of present application is hereby refused. 9. Considering the nature of prayer made by learned counsel for the applicants, the interest of justice would be served, in the event, the applicants apply before the Court concerned for expeditious disposal of above mentioned case. Therefore, the applicant is given liberty to move appropriate application before Court concerned for bringing out all such facts, which are necessary for expeditious disposal of her case, within two weeks from today and in case, such an application is moved, the Court concerned shall decide the same within four weeks from the date of filing of such application. If, Court concerned comes to the conclusion that the case for expeditious disposal is made out, then in that eventuality, it shall decide the same as expeditiously as possible within a reasonable period. 10. Before parting with the judgment, this Court would like to draw attention of Court concerned that the law of maintenance under Section 125 Cr.P.C. is well settled and proceedings under this section are of summary nature and are intended to enable destitute wives and children to get maintenance in a speedy manner. The object is to prevent vagrancy and destitution by providing a speedy remedy for supply of food, clothing and shelter to the deserted wife and children. It's primary object is to give social justice to the women, child and infirm parents etc. It is a bounden duty of a Court concerned to ensure compliance of binding directions issued by Apex Court in Rajnesh vs. Neha and another, (2021) 2 SCC 324 in letter and spirit. 11. It is also provided that in the event there is any legal impediment before NA529 No. 4522 of 2026 2 the Court concerned in disposal of the case, then the Court concerned shall pass an appropriate order disclosing the legal impediment as to why the proceedings of the above mentioned case cannot be proceeded with. 12. With the aforesaid observations/directions, the present application is disposed of. September 9, 2026 Monika NA529 No. 4522 of 2026 3 (Dr. Ajay Kumar-II,J.) Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad