Allahabad High Court
NA529/5276/2026 of SMT. SHOBHA Vs STATE OF U.P. AND ANOTHER on 4 October 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 5276 of 2026 Court No. - 82 HON'BLE JAI PRAKASH TIWARI, J. 1. Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record. 2. This application under Section 529 BNSS has been filed seeking direction to
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 5276 of 2026
Court No. - 82
HON'BLE JAI PRAKASH TIWARI, J.
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1. Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.
2. This application under Section 529 BNSS has been filed seeking direction to the court concerned to decide the interim maintenance application dated 02.06.2026 filed in Criminal Misc. Application No.801 of 2025, under Section 144 BNSS, pending before the court of Additional Principal Judge, Family Court No.1- Bulandshahr, within stipulated period.
3. Learned counsel for the applicant submitted that on 02.06.2026 applicant filed an application under Section 144 BNSS, which is still pending and an application claiming interim maintenance allowance has been filed, which is also pending. Under Section 144 B.N.S.S./125 Cr.P.C, it is provided 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 of the application to such person."
4. Considering the above facts and circumstances without expressing any opinion on the merits of the case, this application is finally disposed of with Versus Counsel for Applicant(s) : Abhay Pratap Singh, Alok Kumar Pandey, Manish Kumar Counsel for Opposite Party(s) : G.A. Smt. Shobha .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
a direction to the court concerned to decide the application dated 02.06.2026 for interim maintenance, keeping in view the provisions provided under Section 144 BNSS regarding the interim maintenance, without granting any unnecessary or long adjournments to the parties. October 5, 2026 S.K. NA529 No. 5276 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad