Neutral Citation No. - 2025:AHC:61349
Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 292 of 2025
Applicant :- Deep Mala Yadav
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Avadhesh Singh,Pramod Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Misc. Case No. 180 of 2023, under Section 128 CrPC, Police Station Chetganj, District Varanasi pending in the Court of Principal Judge, Family Court, Varanasi, expeditiously within stipulated period.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
3. It is submitted by the learned counsel for the applicant that the applicant is the wife of opposite party no.2. In the proceeding under Section 125 CrPC initiated by the present applicant an order was passed against the opposite party no.2 to pay Rs. 4000/- per month as maintenance to the applicant and Rs. 3000/- to her minor daughter. It is also submitted that applicant is unemployed and is totally dependent upon her parents and she is at the verge of starvation. It is also submitted that when no amount was paid by the opposite party no.2, the applicant was compelled to move an application under Section 128 CrPC but the same is still pending and as a matter of fact no amount of maintenance has been paid to the applicant so far. Applicant is not in a position to attend the Court for the pairvi of the case on each and every date.
4. I have considered the submissions and perused the record.
5. It reveals from the perusal of the order sheets that applicant is the wife of opposite party no.2. In the proceeding under Section
125 CrPC initiated by the present applicant an order was passed against the opposite party no.2 to pay Rs. 4000/- per month as maintenance to the applicant and Rs. 3000/- to her minor daughter. When no amount was paid by the opposite party no.2, the applicant was compelled to move an application under Section 128 CrPC which is said to be pending. This Court is also aware of the
1
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 applicant/wife, the Court concerned is directed to decide the aforesaid case within six months from the date of production of certified copy of this order before it, if there is no legal impediment.
6. 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.
7. With the above observations, the application stands disposed of.
Order Date :- 23.4.2025 safi
2