Application for ordering prompt disposal of a pending domestic violence application. Court directed the Magistrate to decide the matter within two months.
Directed the Judicial Magistrate to decide the application under Section 20(6) of the Protection of Women from Domestic Violence Act, 2005 within two months.
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Court No. - 79
Case :- APPLICATION U/S 482 No. - 1547 of 2021
Applicant :- Smt. Sushma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shakil Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Supplementary affidavit filed today, is taken on record.
Heard Sri Shakil Ahmad, learned counsel for the applicant and Sri Nikhil Chaturvedi, learned AGA for the State.
The sole relief pressed by learned counsel for the applicant is for directing the Court below i.e. Judicial Magistrate, Mavana, District Meerut to decide the application filed under Section 20(6) of the Protection of Women from Domestic Violence Act, 2005 being numbered as Izra No. 319 of 2019, pending before it, within a stipulated period as may be fixed by this Court.
It is submitted that the applicant is the wife of the opposite party no.2, she submitted an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'Act, 2005). The said application was allowed by the learned court below vide order dated 10.07.2019. Thereafter, the applicant filed an application under Section 20(6) of the Act, 2005 being numbered as Izra No. 319 of 2019 (Smt. Sushma Vs. Ajay Kakran), which is still pending consideration before the court concerned. Learned counsel for the applicant also submits that no appeal under Section 29 of the Act, 2005 has been preferred by the opposite party no.2. It is further submitted that the recall application dated 18.09.2019 filed by the opposite party no.2 for recalling the order dated 10.07.2019, has been dismissed in default on 6.3.2020. The applicant has confined her prayer only for early disposal of the application filed under Section 20(6) of the Act, 2005 being numbered as Izra No. 319 of 2019.
Perusal of the order sheet reveals that only dates are being fixed by the court below and the matter is being adjourned repeatedly.
Expeditious disposal of a case is the right of every litigant and it is expected from every court to endeavour to dispose of a case pending before it, as expeditiously as possible, without granting unnecessary adjournment to any of the parties. Therefore, the court below is directed to make all possible efforts to decide the aforesaid application under Section 20 (6) of the Act, 2005
being numbered as Izra No.319 of 2019, in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of presentation of a copy of this order, provided there is no legal impediment.
With the aforesaid direction, this application is finally disposed of.
Order Date :- 4.2.2021 Lbm/-
Smt. Sushma
State Of U.P.
Ajay Kakran
Vivek Varma
As recorded by the court registry
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