Lata Singh Alias Shivani Singh Vs State of U.P… — Maintenance and Alimony | Allahabad HC (2025)

Lata Singh Alias Shivani Singh Vs State of U.P… — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with directions to the court concerned (Principal Judge, Family Court, Jaunpur) to procure the presence of opposite party no.2 through appropriate process, ensure compliance with its orders, and dispose of Maintenance Case No. 2008 of 2023 under Section 125 CrPC expeditiously, preferably within one year, if there is no legal impediment; police, executive authorities, counsels, parties and staff made bound to assist the Court.

Issue for consideration

Whether the court concerned (Principal Judge, Family Court, Jaunpur) should be directed to decide Maintenance Case No. 2008 of 2023 under Section 125 CrPC, pending since 2023, expeditiously within a stipulated period.

Court's answer

The court concerned is directed to take all possible measures to procure the presence of the accused/opposite party no.2 by sending appropriate process, ensure actual compliance by its office of its own orders, and thereafter make all endeavours for expeditious disposal of the maintenance case preferably within one year, if there is no legal impediment.

Ratio / Principle

Besides the Presiding Officer, all stakeholders i.e. police and executive authorities, counsels, parties to the case and staff are made bound by the order and responsible to assist the Court in every manner for expeditious disposal of the case.

Key takeaways

Judicial observation that the Family Courts in the State of U.P. are overburdened with cases and are 'gasping for breath', recorded as context for the direction.obiter¶¶10

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.) disposed of an application under Section 529 BNSS filed by a wife seeking expeditious disposal of her maintenance case (Case No. 2008 of 2023) under Section 125 CrPC, pending since 2023 before the Principal Judge, Family Court, Jaunpur. Noting that the husband/opposite party no.2 was not cooperating and that the Family Courts in U.P. are overburdened, the Court directed the trial court to take all possible measures to procure the husband's presence by appropriate process, ensure actual compliance by its office with its own orders, and endeavour to dispose of the case preferably within one year, if there is no legal impediment. The Presiding Officer, police and executive authorities, counsels, parties and staff were all made bound by the order to assist in expeditious disposal.

Neutral Citation No. - 2025:AHC:118118

Court No. - 83

Case :- APPLICATION U/S 529 BNSS No. - 2291 of 2025

Applicant :- Lata Singh Alias Shivani Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Jameel,Shahabuddin Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Case No. 2008 of 2023, under Section 125 CrPC, P.S. Sarpatahan, District Jaunpur, pending in the Court of Principal Judge, Family Court, Jaunpur, expeditiously within 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 applicant that the applicant is the wife of opposite party no.2. An application under Section 125 CrPC was moved by her to get the maintenance from the opposite party no.2 but no order for maintenance has been passed. It is also submitted that cause of delay was mainly the absence of the opposite party no.2/ husband.

I have considered the submissions and perused the entire record.

It reveals from the perusal of the order sheets that the aforesaid case is pending since 2023. The opposite party no.2 is not cooperating with the progress of the case. Applicant is a lady. This Court is also aware of the fact that the Family Courts in the State of U.P. are overburdened with the cases and are, as such gasping for breath. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party no. 2 by sending appropriate process to him and to ensure the actual compliance by the office of its own orders as early as possible and thereafter all endeavours shall be made by it for expeditious disposal of the case preferably within a period of one year, 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 executive authorities, counsels, parties to the case, staff etc. 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 :- 21.7.2025 safi

Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad