The Allahabad High Court on Thursday directed the presiding officer of a gram nyayalaya (village court) to expedite an execution petition in a judgment for allowing maintenance to a woman within six months.
Earlier, another single bench of the High Court had questioned the presiding officer entertaining the petition filed under section 125 CrPC (provision under which wives, children, parents can claim monthly maintenance) as this court lacks jurisdiction and had sought explanation from the concerned judicial officer. A bench of Justice Anil Kumar-X had earlier heard the same application in November last year.
A bench of Justice Abdul Shahid heard the same application on April 9 and cited sections of Gram Nyayalayas Act, 2008 and Family Court, 1984 while directing the Presiding Officer of the Village Court in Karhal of Mainpuri to decide the matter expeditiously.
Citing the provisions, the bench stated, “Part II of the First Schedule, as per Sections 12 and 14 of the Act, 2008 (supra), includes clause (v), which pertains to orders for maintenance of wives, children, and parents under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) (corresponding to the B.N.S.S., 2023).”
It stated further, “There are two legislations which have provided the cases relating to the maintenance of wives, children and parents. As per section 7 of Family Court Act, 1984 as well as by section 12 of Gram Nyayalayas Act, 2008 in part II of the First Schedule.”
“Hence, the Gram Nyayalaya has jurisdiction to try and decide applications and cases relating to the maintenance of wives, children, and parents under Chapter IX of the Code of Criminal Procedure, 1973 (Sections 125 to 128), as well as the corresponding provisions under Chapter X of the B.N.S.S., 2023 (Sections 144 to 147),” the bench of Justice Shahid observed.
The applicant, Damini, prayed to direct the gram nyayalayas, Karhal, Mainpuri, to decide the proceedings of her petition seeking execution of the same nyayalaya (court) judgment related to the maintenance from her husband.
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The counsel for the applicant submitted that earlier she had filed a petition under Section 125 CrP.C seeking maintenance and the same was decided by Nyayadhikari on November 30, 2024. Thereafter, the applicant filed an execution petition before the same court.
After hearing the submission and citing the Act, the court stated in its order, “In view of the provisions of law and statutory framework, the Gram Nyayalaya has the requisite jurisdiction to decide the aforesaid pending petition.”
“The Nyayadhikari of the Gram Nyayalaya is directed to decide the pending Execution Petition No. 25 of 2024 (Damini versus Pankaj Sharma), under Section 147 of the B.N.S.S., 2023, in accordance with law, as expeditiously as possible, preferably within a period of six months,” the order stated.
Earlier, this application was heard by the bench of Anil Kumar-X with the same prayer to direct the Village Court, Karhal, Mainpuri to decide the proceedings of the execution petition ( Damini Vs. Pankaj Sharma) as expeditiously as possible.
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After hearing the submissions, the bench of Justice Kumar had observed…”In given circumstances, this Court is surprised to see how a petition under Section 125 Cr.P.C was entertained by the Presiding Officer of gram nyayalaya, who lacks the jurisdiction.”
“Hence, an explanation be called from the the concerned judicial officer through District Judge, Mainpuri,” the bench had stated in the order dated November 13, 2025
The matter was later put up before the bench of Justice Abdul Shahid on April 9.
