Smt. Shashi Prabha vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:101231

Court No. - 83

Case :- APPLICATION U/S 529 BNSS No. - 1639 of 2025

Applicant :- Smt. Shashi Prabha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Ayub Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This application under Section 529 BNSS has been filed with a prayer to direct the Court of Principal Judge, Family Court, Etawah to decide the Case No.238 of 2024 (Shashi Prabha Vs. Yogendra Singh @ Raju) under Section 125 (3) Cr.P.C., Police Station Friends Colony, District Etawah pending before it, expeditiously within a stipulated period.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State.

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It is submitted by the learned counsel for the applicant that the applicant is the aggrieved wife. She was ousted from her matrimonial house without any cogent reason and ground and she is suffering mentally and financially both. The case of maintenance u/s 125 Cr.P.C. was filed in the year 2018 before the Court of Principal Judge, Family Court, Etawah, which was allowed in favour of the applicant on 12.4.2023 but no maintenance allowance was paid by the husband / opposite party no.2 and that is why application u/s 125 (3) Cr.P.C. was moved which is pending. However, the objection has been filed by the opposite party no.2 / the husband. Due to the non-cooperation on the part of the opposite party no.2, the case is lingering on. It is further submitted that the applicant is a poor lady. She is not getting any maintenance despite allowing the application u/s 125 Cr.P.C.. Hence, a prayer has been made to issue direction to the court concerned for expeditious disposal of the case.

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Since the matter relates to maintenance of aggrieved wife, in the factual matrix of the case and keeping in view the hardship suffered by the applicant / aggrieved wife, the Court concerned is directed to make all endeavours for the expeditious disposal of the aforesaid case, preferably within a period of three months from the date of receiving the certified copy of this order, if there is no legal

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impediment. It is further directed that no unnecessary adjournment will be sought/granted in the matter by/to either of the parties.

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It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.

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With the above observations, the application stands disposed of.

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Order Date :- 1.7.2025

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ss

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Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Smt. Shashi Prabha v. State of U.P. and Another

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Smt. Shashi Prabha v. State of U.P. and Another

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