Allahabad High Court

NA529/4986/2026 of NIDHI AND ANOTHER Vs STATE OF U.P. AND ANOTHER on 6 October 2026

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JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4986 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

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4986 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 Maintenance Case No. 153 of 2024 (Nidhi vs. Shwetank), under Section 125 Cr.P.C. (Now Section 144 BNSS), Police Station Handia, District Prayagraj, pending before the court of learned Additional Family Judge, Court No. 4, District Prayagraj, expeditiously within stipulated period. Learned counsel for the applicants has submitted that on 20.02.2024, applicant no. 1 filed an application for maintenance under Section 144 BNSS, which is still pending. 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 Versus Counsel for Applicant(s) : Prem Prakash Counsel for Opposite Party(s) : G.A. Nidhi And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)

far as possible, be disposed of within sixty days from the date of the service of notice 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 maintenance case, as expeditiously as possible, preferably within a period of one and half years, from the date of production of certified copy of this order, and interim maintenance application, if any, filed by the applicant, keeping in view the provisions provided under Section 144 BNSS, without granting any unnecessary or long adjournments to the parties. October 7, 2026 Brijesh NA529 No. 4986 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad

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