Smt. Ratna Verma and Another Vs Santosh Kumar… — Maintenance and Alimony | Allahabad HC (2025)

Smt. Ratna Verma and Another Vs Santosh Kumar… — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with directions: applicant no. 1 to adduce her evidence; trial court to record her evidence within two months and to expedite disposal of Case No. 131 of 2021 without unnecessary adjournments (if no legal impediment); police, execution authorities, advocates, parties and staff bound by the order to assist the Court.

Issue for consideration

Whether the trial court should be directed to decide Case No. 131 of 2021 (maintenance proceedings under Section 125 Cr.P.C. pending before the Principal Judge, Family Court, Kanpur Nagar) expeditiously within a stipulated period. +1 more

Court's answer

Trial court directed to make all endeavours for expeditious disposal of Case No. 131 of 2021 pending before the Principal Judge, Family Court, Kanpur Nagar, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment.

Ratio / Principle

Applicant no. 1 directed to adduce her evidence before the trial court, which is directed to record her evidence within a period of two months.

Key takeaways

Besides the Presiding Officer, all stakeholders (police, execution authorities, advocates, parties to the case and staff) are made bound by the order to assist the Court in every manner for the expeditious disposal of the case.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 80), Application U/S 529 BNSS No. 217 of 2025, decided 6.5.2025 by Nalin Kumar Srivastava, J. (Neutral Citation 2025:AHC:72321). Applicants (an aggrieved wife and a minor son) sought a direction to the trial court to expeditiously decide their maintenance case No. 131 of 2021 under Section 125 Cr.P.C. pending before the Principal Judge, Family Court, Kanpur Nagar against opposite party/husband Santosh Kumar Kashyap, citing his non-appearance and non-payment of interim maintenance ordered on 30.05.2024. The Court directed applicant no. 1 to adduce her evidence, directed the trial court to record it within two months and to make all endeavours for expeditious disposal of the case without granting unnecessary adjournments to either party (if there is no legal impediment), and declared police, execution authorities, advocates, parties and staff bound by the order to assist the Court. Application disposed of.

Neutral Citation No. - 2025:AHC:72321

Court No. - 80

Case :- APPLICATION U/S 529 BNSS No. - 217 of 2025

Applicant :- Smt. Ratna Verma And Another Opposite Party :- Santosh Kumar Kashyap Counsel for Applicant :- Yogendra Pati Tripathi

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide Case No. 131 of 2021, under Section 125 Cr.P.C. (Smt. Ratana Verma and another Vs. Santosh Kumar Kashyap), pending in the court of Principal Judge, Family Court, Kanpur Nagar, expeditiously within a stipulated period.

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

It is submitted by the learned counsel for the applicants that the applicants before this Court are aggrieved wife and his minor son. It is further submitted that the opposite party no. 2-husband is not appearing before the court and no maintenance amount has been paid by the opposite party no. 2 despite order dated 30.05.2024 for interim maintenance against the opposite party no. 2. It is also submitted that the evidence has to be adduced by the applicant no. 1 and she wants to adduce her evidence.

Learned A.G.A. opposed the prayer.

I have considered the submissions and perused the record.

In the facts and circumstances of the case, the applicant no. 1 is directed to adduce her evidence before the trial court and the learned trial court is directed to record the evidence of applicant no. 1 within a period of two months from today and to make all the endeavours for expeditious disposal of Case No. 131 of 2021, under Section 125 Cr.P.C. (Smt. Ratana Verma and another Vs. Santosh Kumar Kashyap), pending in the court of Principal Judge, Family Court, Kanpur Nagar, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment.

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 execution authorities, advocates, 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.

With the above observations, the application stands disposed of.

Order Date :- 6.5.2025 Rmk.

Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad