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

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

What the court decided

AI extract

Outcome

Direction to the Court of Principal Judge, Family Court, Mirzapur to decide Complaint Case No.153 of 2022 under Section 125 Cr.P.C. within six months from the date of production of a certified copy of the order, if there is no legal impediment; no unnecessary adjournment to be sought/granted by/to either party; all stakeholders directed to assist the Court for expeditious disposal.

Issue for consideration

Whether the Court of Principal Judge, Family Court, Mirzapur should be directed to decide Complaint Case No.153 of 2022 under Section 125 Cr.P.C. expeditiously within a stipulated period.

Court's answer

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 complaint case within a period of six months from the date of production of a certified copy of the order, if there is no legal impediment.

Ratio / Principle

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

Key takeaways

Besides the Presiding Officer, all stakeholders, namely police and executive authorities, counsels, parties to the case and staff, are made bound by the order and are responsible to assist the Court in every manner for the expeditious disposal of the case.ratio¶13
Cases under Section 125 Cr.P.C. require expeditious disposal because the sufferer is a lady almost in all such cases.ratio¶10

Detailed headnote1 paragraphs

Application under Section 529 BNSS for expeditious disposal of a maintenance case (Allahabad High Court, Nalin Kumar Srivastava, J., order dated 12.3.2025; Neutral Citation 2025:AHC:37892). The applicant-wife submitted that Complaint Case No.153 of 2022 (Archana Singh and another Vs. Sachin Kumar Singh) under Section 125 Cr.P.C., pending before the Principal Judge, Family Court, Mirzapur for about two years, was being delayed by the opposite parties, leaving her without any interim maintenance. Held, disposing of the application: cases under Section 125 Cr.P.C. require expeditious disposal because the sufferer is a lady almost in all such cases; the Family Court was directed to decide the complaint within six months of production of a certified copy of the order, if there is no legal impediment; no unnecessary adjournment was to be sought or granted by/to either party; and, besides the Presiding Officer, all stakeholders (police, executive authorities, counsel, parties and staff) were made responsible to assist the Court in every manner.

Neutral Citation No. - 2025:AHC:37892

Court No. - 82

Case :- APPLICATION U/S 529 BNSS No. - 330 of 2025

Applicant :- Archana Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Upadhyay Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 529 B.N.S.S. has been filed with a prayer to direct the Court of Principal Judge, Family Court, Mirzapur to decide the Complaint Case No.153 of 2022 (Archana Singh and another Vs. Sachin Kumar Singh) under Section 125 Cr.P.C., Police Station Kotwali Chunar, District Mirzapur pending before it, expeditiously within a stipulated period.

Heard learned counsel for the applicant 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 and is aggrieved lady. For the last about two years, 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. Several dates have been fixed in the matter, but it appears that the court is not taking interest in the disposal of the present case and 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.

I have considered the submissions and perused the record.

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.

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.

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 :- 12.3.2025 ss

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