Recently, the Allahabad High Court, while dealing with a plea seeking timely disposal of a maintenance case, stressed the urgent nature of matters under Section 125 of the CrPC. The Court remarked that such cases should be handled expeditiously, as the sufferer is “almost always a lady.”
The case arose from an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), wherein the applicant sought a direction to the Principal Judge, Family Court, for the time-bound disposal of her pending maintenance petition under Section 125 CrPC.
Counsel for the applicant submitted that she is the legally wedded wife of the opposite party and had filed the maintenance case in 2023. However, the proceedings were being deliberately delayed by the opposite party. It was further contended that the applicant is a poor woman and is currently not receiving any financial support, thereby facing undue hardship.
The High Court strongly emphasized that courts must remain sensitive in matters concerning a woman’s right to maintenance. It observed, “These are the cases which require expeditious disposal because the sufferer is a lady almost in all the cases under Section 125 CrPC. The Court should be more sensitive and vigilant in the cases where the aggrieved person is a wife and is fighting for her maintenance from her husband.”
Taking into account the applicant's financial condition and the delay tactics adopted by the opposite party, the Court directed the Family Court to dispose of the matter within six months from the date of receiving the certified copy of the order. It also instructed that no unnecessary adjournments be granted, subject to the applicant’s cooperation in the proceedings.
With these directions, the High Court disposed of the application, reiterating its stance on the necessity for judicial sensitivity in maintenance-related cases involving women.
Case Title: Smt Anjali Sngh V. State of U.P. and Another
Coram: Justice Nalin Kumar Srivastava
Case No.: APPLICATION U/S 529 BNSS No. - 1887 of 2025
Advocates for the Applicant: Annapurna Devi,Jyoti Rai
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