Disposed¶14

Smt. Deepmala Patel v. State of U.P. and Another

Allahabad HC5 Oct 2025NA529/3652/2025

Case brief

AI extract

What is this about?

Deepmala Patel v State of U.P. and Another; Application U/S 529 BNSS No. 3652 of 2025; Allahabad High Court; Avnish Saxena, J.; decision dated October 6, 2025; expeditious disposal of Section 125 Cr.P.C. maintenance application Case No. 308 of 2021 (v. Uma Kant Singh); Principal Judge, Family Court, Allahabad; application moved 06.04.2021, still pending; statement recorded, cross-examination by opposite party no. 2 closed on 23.07.2025; cost of Rs.150/- granted; recall application pending; no notice issued; application disposed of.

What did the court decide?

Request/direction to the Principal Judge, Family Court, Allahabad to consider the applicant's Section 125 Cr.P.C. application (Case No. 308 of 2021) and decide it as expeditiously as possible; application disposed of without notice to opposite party no. 2. ¶14

Smt. Deepmala Patel 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 High Court should direct expeditious disposal of the applicant's still-pending application under Section 125 Cr.P.C. (Case No. 308 of 2021) before the Principal Judge, Family Court, Allahabad.

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Court's answer

Issuance of notice to opposite party no. 2 was unnecessary, as the applicant's prayer was innocuous - expeditious disposal of her still-pending Section 125 Cr.P.C. application.

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Ratio / Principle

The pending Section 125 Cr.P.C. application, moved on 06.04.2021, needs to be decided at an early date.

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Key takeaways

The Principal Judge, Family Court, Allahabad is requested to consider the applicant's Section 125 Cr.P.C. application and decide it as expeditiously as possible.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Avnish Saxena, J.), by order dated October 6, 2025, disposed of Application U/S 529 BNSS No. 3652 of 2025 (Smt. Deepmala Patel v. State of U.P. and Another) without issuing notice to opposite party no. 2, deeming the prayer innocuous. The applicant-wife had sought a direction for expeditious disposal of her maintenance application under Section 125 Cr.P.C. - Case No. 308 of 2021 (Smt. Deepmala Patel Versus Uma Kant Singh), moved on 06.04.2021 before the Principal Judge, Family Court, Allahabad and still pending. Counsel submitted that although the applicant continuously attended and her statement stood recorded, opposite party no. 2 avoided cross-examination on one pretext or another; after the Family Court granted her cost of Rs.150/- and opposite party no. 2 again failed to appear, the opportunity to cross-examine was closed on 23.07.2025, following which opposite party no. 2 filed a recall application that remains pending. The Court requested the Principal Judge, Family Court, Allahabad to consider the Section 125 Cr.P.C. application and decide the same as expeditiously as possible.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 529 BNSS No. - 3652 of 2025

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Smt. Deepmala Patel

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			.....Applicant(s)
	Versus
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Ashok Kumar Sachan	Patel,	Shiv Shankar
Counsel for Opposite Party(s)	: G.A.
Court No.- 83

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HON'BLE AVNISH SAXENA, J.

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Sri Ashok Kumar Patel, learned advocate appears for the applicant and submits that the applicant-wife has moved application under Section 529 of B.N.S.S. for expeditious disposal of her application, Case No. 308 of 2021 (Smt. Deepmala Patel Versus Uma Kant Singh) moved under Section 125 Cr.P.C. before the Principal Judge, Family Court, Allahabad. Learned counsel has drawn attention of this Court towards order-sheet wherein applicant is continuously appearing in the Court, her statement has been recorded but she is not being cross-examined by the opposite party no.2 on one pretext or the other. Once the Court has also granted her cost of Rs.150/- but opposite party no.2 did not appear to cross-examine the applicant, resultantly on 23.07.2025 the opportunity to cross-examine has been closed. Opposite party no.2 then resorted to file recall application, which is pending. Hence, he seeks interference by this Court to issue necessary direction for expeditious disposal of the application.

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Learned A.G.A. appears for State.

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There is no point in issuance of notice to opposite party no. 2, as the innocuous prayer of the applicant is for expeditious disposal of her application moved under Section 125 Cr.P.C, which is still pending.

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This Court has taken into consideration the rival submissions made by the parties and perused the record which shows that application under Section 125 Cr.P.C. has been moved by the applicant on 06.04.2021,

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NA529 No. 3652 of 2025

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which is still pending disposal, which needs to be decided at an early date.

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The Principal Judge, Family Court, Allahabad is requested to consider the application moved by the applicant under Section 125 Cr.P.C. and decide the same as expeditiously as possible.

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The application is accordingly disposed of. October 6, 2025 MN/-

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(Avnish Saxena,J.)

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Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad

Smt. Deepmala Patel v. State of U.P. and Another

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Smt. Deepmala Patel v. State of U.P. and Another

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