Smt. Seema Devi & Anr. v. State of U.P & Anr.
Case at a glance
Outcome
Disposed of
With the above observations, the application stands disposed of
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 529
- Code of Criminal Procedure, 1973 ss. 125, 128
Key paragraphs
- Para 55. With the above observations, the application stands disposed of. Order Date :- 8.5.2025 / ss
Judgment
Applicant :- Smt. Seema Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Prakash Yadav, Krishna Nand Yadav Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 529 B.N.S.S. has been filed with a prayer to direct the Court of Principal Judge, Family Court, Maharajganj to decide the Case No.431 of 2023 (Smt. Seema Devi and another Vs. Samodh Prajapati) under Section 128 Cr.P.C., P.S. Paniyara, District Maharajganj pending before it, expeditiously within a stipulated period.
Learned counsel for the applicant submits that the applicants before this Court are the aggrieved wife and minor son of the opposite party no.2. By way of ex-parte order, the application for maintenance u/s 125 Cr.P.C. was decided and certain directions were given to the husband / opposite party no.2 but the same was not complied with, which compelled the applicants to adopt procedure under section 128 Cr.P.C. It is also submitted that the matter is still pending since 2023 and more than two years have been passed. Despite service, the opposite party no.2 is not appearing before the court. The applicant / aggrieved lady is suffering a lot both mentally and financially. She has no means of livelihood. Hence, it has been prayed that a suitable direction be given to the court concerned to decide the execution application within a stipulated time.
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 make all possible efforts and to use its power attributed to it by law to procure the appearance of the opposite party within a period of two months from today before the Court and after procuring the appearance, the trial court is directed further to make all possible endeavours to dispose of the case under reference as expeditiously as possible without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment.
Operative part
With the above observations, the application stands disposed of. Order Date :- 8.5.2025 / ss
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the above observations, the application stands disposed of
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 529; Code of Criminal Procedure, 1973 — ss. 125, 128.
Which court decided this case, and when?
Allahabad High Court, on 08 May 2025.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.