Allahabad High Court Directs Expeditious Disposal of Maintenance Case
Court Criticizes Delay Tactics and Advocates' Poor Assistance, Urges Prompt Resolution of Section 125 Cr.P.C. Cases
In a recent judgment, the Allahabad High Court, under the bench of Justice Subhash Vidyarthi, has issued a directive for the expeditious disposal of a maintenance case pending since 2023 under Section 125 of the Code of Criminal Procedure (Cr.P.C.). The case, "Smt. Saba Siddiqui v. Shodul Hasan," has been delayed due to repeated absences by the respondent and inadequate assistance from the counsel, prompting the court to emphasize the need for prompt proceedings.
The petitioner, Smt. Saba Siddiqui, initially filed for maintenance on June 7, 2023. An interim maintenance order was granted on March 12, 2025, but subsequent proceedings have faced significant delays. Highlighting the court's burden, Justice Vidyarthi noted that the Family Court had attempted to proceed ex-parte due to the respondent's frequent non-appearances.
The court criticized the lack of cooperation from advocates, stressing their role as officers of the court, responsible not just to their clients but to the judicial process as a whole. This sentiment echoes previous judgments, such as Banwari Lal Kanchal v. Dr. Bhartendu Agarwal and Vipin Tiwari v. State of U.P., where the court urged advocates to be concise and efficient in their submissions to aid in the swift dispensation of justice.
Justice Vidyarthi highlighted the overwhelming workload of the courts, with 91 fresh matters and 182 other cases listed alongside the present case. Despite these pressures, the court reiterated the necessity for timely resolution of cases, particularly those involving maintenance, which directly impact the livelihood of the petitioner.
In its order, the High Court has directed the Principal Judge of the Family Court in Bahraich to advance the proceedings without unwarranted adjournments, setting short intervals for hearings to ensure a swift conclusion. The judgment underscores the judiciary's commitment to reducing pendency and enhancing the efficiency of justice delivery.
Bottom Line:
Expeditious disposal of cases under Section 125 Cr.P.C. emphasized; advocates must cooperate with the court by being precise and concise in submissions and pleadings to avoid delays.
Statutory provision(s):
- - Section 125, Code of Criminal Procedure, 1973
- - Article 227, Constitution of India
- - Section 144, Bharatiya Nagarik Suraksha Sanhita, 2023
Smt. Saba @ Saba Siddiqui v. Shodul Hasan, (Allahabad)(Lucknow) : Law Finder Doc Id # 2790874
