Disposed¶14

Alka Bind and Another v. State of U.P. and Another

Allahabad HC23 Feb 2025NA529/312/2025

Case brief

AI extract

What is this about?

S.529 BNSS application for expedited disposal; S.125 Cr.P.C. maintenance case; Case No.113 of 2024; Alka Bind and another v. Sanjay Bind; Family Court Jaunpur; six-month time-bound direction from certified copy; no unnecessary adjournments; stake holders bound to assist; aggrieved wife and minor daughter; Allahabad High Court; Nalin Kumar Srivastava, J.; 24.2.2025.

What did the court decide?

Direction to the Court of Principal Judge, Family Court, Jaunpur to decide Case No.113 of 2024 (S.125 Cr.P.C.) within six months of production of the certified copy of the order, if there is no legal impediment; bar on unnecessary adjournments; all stake holders bound to assist expeditious disposal. ¶14

Alka Bind and Another 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 the Court of Principal Judge, Family Court, Jaunpur should be directed to dispose of the applicants' pending maintenance case (Case No.113 of 2024, S.125 Cr.P.C.) expeditiously within a stipulated period.

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Court's answer

In view of the factual matrix of the case and the hardship suffered by the applicant / aggrieved wife, the Court concerned is directed to decide Case No.113 of 2024 within a period of six months from the date of production of the certified copy of this order before it, if there is no legal impediment.

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Ratio / Principle

No unnecessary adjournment shall be sought/granted in the matter by/to either of the parties.

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Key takeaways

Besides the Presiding Officer, all stake holders (police and executive authorities, counsels, parties to the case, staff etc.) are made bound by the order and it is their responsibility also to assist the Court in every manner for expeditious disposal of the case.ratio¶13
As a general observation, cases under S.125 Cr.P.C. require expeditious disposal because the sufferer is a lady almost in all such cases.obiter¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Nalin Kumar Srivastava, J.; Application U/S 529 BNSS No. 312 of 2025; order dated 24.2.2025): Disposing of an application by Alka Bind (aggrieved wife) and her minor daughter seeking expeditious disposal of their pending maintenance Case No.113 of 2024 (Alka Bind and another v. Sanjay Bind) under S.125 Cr.P.C. before the Principal Judge, Family Court, Jaunpur, pending about a year amid alleged delaying tactics and absence of interim maintenance, the High Court directs the Court concerned to decide the case within six months from production of the certified copy of the order, if there is no legal impediment; further directs that no unnecessary adjournment be sought or granted by/to either party; and makes clear that besides the Presiding Officer, all stake holders (police and executive authorities, counsels, parties, staff etc.) are bound by the order to assist expeditious disposal.

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Neutral Citation No. - 2025:AHC:26345

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Court No. - 82

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Case :- APPLICATION U/S 529 BNSS No. - 312 of 2025

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Applicant :- Alka Bind And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kailash Nath 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 B.N.S.S. has been filed by the applicants with a prayer to direct the Court of Principal Judge, Family Court, Jaunpur to decide the Case No.113 of 2024 (Alka Bind and another Vs. Sanjay Bind) under Section 125 Cr.P.C., Police Station Sarai Khwaja, District Jaunpur 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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Learned counsel for the applicant is permitted to make necessary correction in the prayer clause of the application during course of the day.

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It is submitted by the learned counsel for the applicant that the applicant no.1 is the aggrieved wife and applicant no.2 is the minor daughter of opposite party no.2. For the last about one year, the maintenance case is pending before the court. The opposite party no.2 does not want the disposal of the present case and is adopting delaying tactics. Service has been presumed sufficient by the court concerned but however no further proceedings are being taken place. The case is lingering on unnecessary. It is further submitted that the applicant is a poor lady. She is not getting any interim maintenance. She is suffering mentally and financially both. Hence, a prayer has been made to issue direction to the court concerned for expeditious disposal of the case.

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I have considered the submissions and perused the record.

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These are the cases which require expeditious disposal because the sufferer is a lady almost in all the cases under section 125 Cr.P.C.

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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 decide the aforesaid case within a period of six months from the date of production of certified copy of this order before it, if there is no legal 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 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.

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With the above observations, the application stands disposed of.

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Order Date :- 24.2.2025 ss

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

Alka Bind and Another v. State of U.P. and Another

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Alka Bind and Another v. State of U.P. and Another

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