Court directed the Judicial Magistrate, Muzaffar Nagar, to decide Case No. 27/11 of 2018 pending under the Protection of Women from Domestic Violence Act, 2005, expeditiously without unnecessary adjournments.
Directed the Court below to decide Case No. 27/11 of 2018 under the DV Act expeditiously and without unnecessary adjournments.
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Court No. - 79 Case :- APPLICATION U/S 482 No. - 3561 of 2021 Applicant :- Smt. Neha Jain Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Ram Akbal Upadhyay,Rekha Pundir Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Manu Raj Singh, learned AGA for the State.
The sole relief pressed by learned counsel for the applicant is for directing the Court below to conclude the trial of Case No. 27/11 of 2018 (Old No. 19/11 of 2018) (Smt. Neha Jain Vs. Bharat Jain & others), under Sections 17, 18, 19, 20, 21 and 22 of Protection of Women from Domestic Violence Act, 2005, pending before the Court of Judicial Magistrate, Court No.1, Muzaffar Nagar, 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 Sections 17, 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'Act, 2005) in the year 2018 and the same is pending consideration before the learned court below. Hence, the applicant has confined her prayer only for early disposal of Case No. 27/11 of 2018 (Old No. 19/11 of 2018), under Sections 17, 18, 19, 20, 21 and 22 of the Act, 2005.
I have perused the record as well as the order-sheet brought on record. From the order-sheet it transpires that the case is being adjourned on one pretext or the other and only the dates are being fixed.
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, expeditiously, without granting unnecessary adjournment to any of the parties. Therefore, the court below is directed to make all possible efforts to decide the aforesaid case expeditiously, in accordance with law, without granting unnecessary adjournment to either of the parties, provided there is no legal impediment.
With the aforesaid direction, this application is finally disposed of.
Order Date :- 10.2.2021 Lbm/-
1 issue framed by the court
Whether the Court below should be directed to conclude the trial of the pending DV Act case within a stipulated period.
1 provisions across 1 enactments
Smt. Neha Jain
State Of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
