SMT. SHAHINA KHATOON AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA529/4865/2026 · 2026-09-22
Subhash Chandra Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8574 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8574 (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. - 4865 of 2026 Court No. - 78 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the material on record. The present application has been filed by the applicant with a prayer to allow this application and to direct the learned trial court to decide the Misc. Case No.93/2022 (Shahina Khatoon Vs. Shadab Ahmad) under Section 128 Cr.P.C., Police Station Mubarakpur, District Azamgarh, pending in the Court of learned Additional Principal Judge, Family Court, Azamgarh, as expeditiously as possible, within stipulated period. It is submitted by learned counsel for the applicants that in this case an application under Section 128 Cr.P.C. was moved before the learned trial court in the year 2022 for realization of amount of arrears of maintenance against the opposite party but on which notices were issued and service was sufficient even though the opposite party did not appear before the learned court. No any amount of arrears of maintenance has been realized, therefore, request to direct the learned trial court to proceed with the case expeditiously and decide the application within a stipulated period of time. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case and submissions made by learned counsel for applicants as well as learned A.G.A. and perusal of record, the order sheet of the case, it appears that even after sufficient service on the opposite parties he did not appear before the learned court and has also not paid the amount of arrears of maintenance, as a result the Versus Counsel for Applicant(s) : Vijay Singh Counsel for Opposite Party(s) : G.A. Smt. Shahina Khatoon And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
learned trial court has issued recovery warrant and also sent letter to concerned S.P. but in vain. In the circumstances of the case, it is expedient to direct the learned trial court to adopt coercive measures as prescribed under the law for making recovery amount of arrears of maintenance due against the opposite party no. 2, without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment. With the aforesaid directions, the present application under Section 529 B.N.S.S. stands disposed of finally.
September 23, 2026 Suraj Srivastav NA529 No. 4865 of 2026 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad