Smt Priyanka Nagar @ Anjali and Another Vs State… — Maintenance and Alimony | Allahabad HC (2025)

Smt Priyanka Nagar @ Anjali and Another Vs State… — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Time-bound direction: the court concerned to decide Case No.1151 of 2023 (Section 125 CrPC, Family Court No.1, Ghaziabad) within one year from the date of production of a certified copy of this order before it, if there is no legal impediment.

Issue for consideration

Whether the Family Court concerned should be directed to decide the applicants' pending maintenance case (Case No.1151 of 2023, Section 125 CrPC) expeditiously, given the delay since 2023, the absence of interim maintenance, and the alleged delaying tactics of opposite party no.2.

Court's answer

On perusal of the order sheets, the maintenance case has remained pending since its filing in 2023, and opposite party no.2 has not cooperated with the progress of the case. (Judgment prints 'pending since 223', an apparent error for '2023'.)

Ratio / Principle

The court concerned is directed to decide Case No.1151 of 2023 within one year from the date of production of a certified copy of this order before it, if there is no legal impediment.

Key takeaways

Observation that the Family Courts in the State of U.P. are overburdened with cases and are 'gasping for breath'; stated while acknowledging the applicants' grievance, not as a condition limiting the direction.obiter¶5

Detailed headnote1 paragraphs

Application under Section 529 BNSS (Allahabad High Court, Application No.829 of 2025) by Smt Priyanka Nagar @ Anjali and another seeking expeditious disposal of their maintenance case No.1151 of 2023 under Section 125 CrPC, pending before the Additional Principal Judge, Family Court No.1, Ghaziabad. On perusal of the order sheets the Court found the case pending since 2023 with no cooperation from opposite party no.2, and noted that no interim maintenance had been granted; while acknowledging that the Family Courts in U.P. are overburdened ('gasping for breath'), the Court directed the court concerned to decide the case within one year from production of a certified copy of the order, subject to there being no legal impediment. Application disposed of. Bench: Nalin Kumar Srivastava, J.; Order dated 15.4.2025; Neutral Citation 2025:AHC:55314.

Neutral Citation No. - 2025:AHC:55314

Court No. - 80

Case :- APPLICATION U/S 529 BNSS No. - 829 of 2025 Applicant :- Smt Priyanka Nagar @ Anjali And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Tripathi 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.1151 of 2023, under Section 125 CrPC, Police Station Sihani Gate, District Ghaziabad pending in the Court of Additional Principal Judge, Family Court No.1, Ghaziabad, expeditiously.

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 aforesaid case was filed in the year 2023 but so far the case has not proceeded any further. It is also submitted that no interim maintenance has been granted by the Court concerned in favour of the applicant and the opposite party no.2 is applying delaying tactics in disposal of the said case and only dates are being fixed in the matter.

I have considered the submissions and perused the record.

It reveals from the perusal of the order sheets that the aforesaid case is pending since 223. The opposite party no.2 is not cooperating with the progress of the case. 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, but however considering the grievance and difficulties faced by the applicants, the Court concerned is directed to decide the aforesaid case within one year from the date of production of certified copy of this order before it, if there is no legal impediment.

With the above observations, the application stands disposed of .

Order Date :- 15.4.2025/safi

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