Disposed¶15

Bandita Mishra v. State of U.P. and Another

Allahabad HC11 Mar 2025A483/240/2025

Case brief

AI extract

What is this about?

Allahabad High Court; Anil Kumar-X, J.; APPLICATION U/S 483 No. 240 of 2025 (disposed 25.11.2025); Bandita Mishra vs. State of U.P. and Another; maintenance; Section 125 Cr.P.C.; Section 126 Cr.P.C. restoration application; Section 128 Cr.P.C. execution petitions; Section 529 B.N.S.S.; expeditious disposal; one-month timeline; delay in realisation of maintenance.

What did the court decide?

Directions issued to the learned trial court to decide Misc. Case No. 1171 of 2021 under Section 126 Cr.P.C. expeditiously, preferably within one month from production of a certified copy of the order, and to expedite the two execution petitions under Section 128 Cr.P.C. (Nos. 993 of 2021 and 436 of 2022), subject to no legal impediment; the application under Section 529 B.N.S.S. disposed of accordingly. ¶15

Bandita Mishra vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether directions should be issued for expeditious disposal of the pending proceedings, particularly the respondent's restoration application (Misc. Case No. 1171 of 2021) and the applicant's execution petitions, so that the applicant may secure the maintenance amount awarded vide order dated 8.3.2021.

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Court's answer

The learned trial court is directed to decide Misc. Case No. 1171 of 2021 (Hargovind Mishra vs. Bandita Mishra), filed under Section 126 Cr.P.C., as expeditiously as possible, preferably within a period of one month from the date of production of a certified copy of this order.

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Ratio / Principle

The learned trial court shall also endeavour to expedite the proceedings in the two execution petitions under Section 128 Cr.P.C. (Execution Case No. 993 of 2021 and Execution Case No. 436 of 2022), subject to there being no legal impediment.

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Detailed headnote1 paragraphs

Wife's application seeking expeditious disposal of her husband's restoration application (Misc. Case No. 1171 of 2021, Sec. 126 Cr.P.C.) against the ex parte maintenance decree in her favour (order dated 8.3.2021 in Case No. 251/2020, Sec. 125 Cr.P.C.) and of her two execution petitions (Sec. 128 Cr.P.C., Exec. Cases Nos. 993 of 2021 and 436 of 2022): Held, the learned trial court is directed to decide the restoration case as expeditiously as possible, preferably within one month from production of a certified copy of the order, and to expedite the execution proceedings subject to no legal impediment. Application under Section 529 B.N.S.S. disposed of accordingly.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 483 No. - 240 of 2025

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Bandita Mishra

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.....Applicant(s)

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Versus
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Alok Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No.- 87

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HON'BLE ANIL KUMAR-X, J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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Learned counsel for the applicant submits that the applicant, who is the wife of the respondent, had filed Case No. 251/2020 (Smt. Bandita Mishra vs. Hargovind Mishra) under Section 125 Cr.P.C. The said petition was decided ex parte in favour of the applicant on 8.3.2021. Thereafter, the respondent filed a restoration application bearing Case No. 1171/2021 (Hargovind Mishra vs. Bandita Mishra) under Section 126 Cr.P.C.

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It is further submitted that, in order to recover the maintenance amount awarded vide order dated 8.3.2021, the applicant has filed two execution petitions under Section 128 Cr.P.C., being Execution Case No. 993 of 2021 and Execution Case No. 436 of 2022. Learned counsel states that despite the order dated 8.3.2021 being in favour of the applicant, no maintenance amount has been received till date due to the delaying tactics adopted by the respondent, who has filed the aforesaid restoration application. A prayer has, therefore, been made for expeditious disposal of all pending proceedings, particularly Misc. Case No. 1171 of 2021, so that the applicant may secure the maintenance amount.

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Sri D.K. Rai, learned AGA, has considered the facts as submitted by learned counsel for the applicant.

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The learned trial court is directed to decide Misc. Case No. 1171 of 2021 (Hargovind Mishra vs. Bandita Mishra), filed under Section 126 Cr.P.C., as expeditiously as possible and preferably within a period of one month from

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A483 No. 240 of 2025

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the date of production of a certified copy of this order. The learned trial court shall also endeavour to expedite the proceedings in the two execution petitions under Section 128 Cr.P.C., as noted above, subject to there being no legal impediment.

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The application under Section 529 B.N.S.S. is disposed of accordingly.

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November 25, 2025 Ujjawal

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(Anil Kumar-X,J.)

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Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad

Bandita Mishra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Bandita Mishra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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