This petition under Article 227 sought a direction for the Civil Judge to decide pending applications under Section 12 of the Protection of Women from Domestic Violence Act, 2005 within six months.
Direction to the Civil Judge to decide the pending applications within six months.
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Court No. - 72
Case :- MATTERS UNDER ARTICLE 227 No. - 5790 of 2019
Petitioner :- Alok Kumar Srivastwa And 3 Others Respondent :- Civil Judge(Senior Division)/Fast Track Cour And 3 Other Counsel for Petitioner :- Som Veer
Hon'ble Rajiv Joshi,J.
The present petition under Article 227 has been filed for a direction to respondent no. 1-the Civil Judge (Senior Division)/ Fast Track Court, District Gautam Budh Nagar/ to decide the applications dated 10.07.2018 and 08.03.2019 in Complaint Case No. 85 of 2019 (Old Case No. 227/2018) (Kriti Srivastwa Vs. Alok Kumar Srivastwa & others), under Section 12 of Protection of Women from Domestic Violence Act, 2005, within a stipulated time
The first application dated 10.07.2018 is for dismissing the complaint filed by the opposite party no. 2 while the second application dated 08.03.2019 is for vacation of the ex-parte order and for a direction to the respondent no. 2 to vacate the house as well as for a direction to the husband to provide alternative accommodation to the aggrieved person. Both the applications are pending and no decision has been taken on the said applications, as yet.
After hearing counsel for the petitioners and considering the facts and the circumstances, a direction is issued to the Civil Judge (Senior Division)/ Fast Track Court, District Gautam Budh Nagar/respondent no. 1 to decide the applications dated 10.07.2018 and 08.03.2019 appended as Annexure No. 4 and 5 to the petition in accordance with law as expeditiously as possible, preferably within a period of six months from the protection of certified copy of this order.
With the above direction, the petition stands finally disposed of.
Order Date :- 1.8.2019 Shivangi
1 issue framed by the court
Whether to direct the Civil Judge to decide pending applications under Section 12 of the Protection of Women from Domestic Violence Act within a stipulated time.
2 provisions across 2 enactments
Alok Kumar Srivastwa And 3 Others
Civil Judge(Senior Division)/Fast Track Cour And 3 Other
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
