Writ petition filed seeking expeditious disposal of a domestic violence case pending since 2015. High Court directed trial court to decide the case within six months and grant maintenance allowance to the applicant.
Direction to decide the case within six months; petitioner may claim interim maintenance allowance.
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Court No. - 50
Case :- MATTERS UNDER ARTICLE 227 No. - 10934 of 2022
Petitioner :- Praveen Srivastava Respondent :- Pooja Srivastava Counsel for Petitioner :- Narendra Singh
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the petitioner and learned A.G.A for the State as also perused the record.
This writ petition has been filed by the petitioner for expeditious disposal of Case No. 3015 of 2015 (Smt. Pooja Srivastava vs. Praveen Srivastava and another), under Section 12 of Protection of Women from Domestic Violence Act, pending before the Court of Civil Judge (Junior Division)/Crime Against Women/FTC, Kanpur Nagar.
As per the Office report dated 9.1.2023, notice was issued to opposite party No.2 and as per the track consignment of Indian Post, item delivery confirmed at Kanpur Head Office however as per the CIS enquiry, no counter affidavit or vakalatnama has been filed on behalf of the opposite party No.2.
Learned counsel for the petitioner submitted that the matter is pending since 2015 before the aforesaid court. In support of his contention, he also filed a copy of the order-sheet of court below, which reveals that no effective order has been passed in the matter till date.
Learned AGA submitted that although the State has not been impleaded as party in the case but the State has no objection if the necessary directions be issued by the Court for expeditious disposal of the case in the interest of justice.
Considering the fact that the aforesaid case has remained pending since 2015 and without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, without granting any unnecessary or long adjournments to the parties as expeditiously as possible, preferably within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment. The applicant may also file an application claiming interim maintenance allowance.
Order Date :- 20.1.2023 Kamarjahan
Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad
3 issues framed by the court
Whether directions should be issued for expeditious disposal of a domestic violence case pending since 2015.
Whether the High Court should direct the trial court to decide the case within six months.
Whether the petitioner can claim interim maintenance allowance.
2 provisions across 2 enactments
Praveen Srivastava
Pooja Srivastava
Ram Manohar Narayan Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
