The Allahabad High Court, in a recent ruling, emphasized that courts must handle maintenance cases under Section 125 CrPC (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023) with greater urgency and sensitivity, especially since most of the sufferers are women.
Justice Nalin Kumar Srivastava made this observation while hearing an application filed by Anjali Singh, whose maintenance plea had been pending before the Family Court, Gautam Budh Nagar since 2023. The case had lingered due to what was described as the non-cooperative behavior of her husband.
The applicant’s counsel highlighted that Anjali Singh, a financially weak woman, was facing undue hardship because her husband failed to cooperate with the proceedings. Despite filing the case under Section 125 CrPC in 2023, the matter had seen no substantial progress.
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"These are the cases which require expeditious disposal because the sufferer is a lady almost in all the cases under Section 125 Cr.P.C. 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,"
— Justice Nalin Kumar Srivastava, Allahabad High Court
Taking into account the prolonged suffering faced by the petitioner, the court issued a strong directive to the Principal Judge, Family Court, Gautam Budh Nagar, to dispose of the matter within six months from the date it receives a certified copy of the order.
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Additionally, the court emphasized the importance of avoiding unnecessary adjournments, provided the petitioner cooperates during proceedings.
"...The Court / Presiding Officer is not the only stakeholder in the trial and disposal of a case. Hence, besides the P.O. concerned, all the stakeholders i.e., police and executive authorities, counsels, parties to the case, and court staff are also made bound by this order. It will be their responsibility to assist the Court in every manner for the expeditious disposal of this case."
— Allahabad High Court
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The judgment underlines that maintenance matters impact the basic dignity and survival of women, making it essential that such petitions are not allowed to get lost in procedural delays.
With this firm stance, the High Court has taken a pro-women and justice-oriented approach, ensuring timely access to legal remedies.
The application was disposed of with these directions in Anjali Singh vs. State of U.P. and Another, filed under Section 529 BNSS, reaffirming the court’s responsibility to prioritize the rights of vulnerable litigants.