NA529/4419/2026 of RUBINA BANO AND 2 OTHERS Vs STATE OF U.P. AND ANOTHER on 5 October 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4419 of 2026 Court No. - 82 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record. This application under Section 529 BNSS has been filed seeking direction to the court concerned to decide the Misc. Case No. 418/11 of 2025 (Rubina Bano vs. Rajjab Ali), under Section 144 BNSS, pending before the court of Principal Judge, Family Court, Basti, expeditiously within stipulated period. Learned counsel for the applicant submitted that on 05.8.2025, applicant filed an application under Section 144 BNSS, which is still pending, but till date, no any order regarding maintenance/interim maintenance was awarded by the Family Court. Here, it would be relevant to note that Section 144 B.N.S.S./125 Cr.P.C provides that:- "the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct. Further, it is also provided that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice Versus Counsel for Applicant(s) : Narsingh Pandey Counsel for Opposite Party(s) : G.A. Rubina Bano And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)

of the application to such person." Considering the above facts and circumstances without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court concerned to decide the aforesaid case, as well as interim maintenance application, if any, filed by the applicant, as expeditiously as possible, preferably within a period of one year, from the date of production of certified copy of this order, keeping in view the provisions provided under Section 144 BNSS, without granting any unnecessary or long adjournments to the parties. October 6, 2026 Brijesh NA529 No. 4419 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad