Allowed

Kshama Srivastava v. Abhishek Srivastava

Allahabad HC23 Aug 2023A227/1553/2023

Case brief

AI extract

What is this about?

In this petition under Article 227, the High Court of Judicature at Allahabad directed the trial court to decide the pending domestic violence case within six months to prevent further delays, with no objection from the respondent.

What did the court decide?

Directed the Civil Judge to decide the case within six months from the date of producing the certified copy of this order without granting unnecessary adjournments.

Kshama Srivastava Vs Abhishek Srivastava — Domestic Violence | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:170354

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Court No. - 79

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Case :- MATTERS UNDER ARTICLE 227 No. - 1553 of 2023 Petitioner :- Kshama Srivastava Respondent :- Abhishek Srivastava Counsel for Petitioner :- Pratik Kumar,Arpit Srivastava,Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Respondent :- Dhiraj Srivastava

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Hon'ble Vipin Chandra Dixit,J.

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Heard learned counsel for the parties and perused the record.

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Present petition under Article 227 of the Constitution of India has been filed by the petitioner with the prayer to direct the Civil Judge (Junior Division) F.T.C-I / Judicial Magistrate, Chandauli to decide the Case No. 3029 of 2022 (Kshama Srivastava vs. Abhishek Srivastava) within stipulated period of time.

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It is submitted by the learned counsel for petitioner that petitioner has filed a complaint under Section 12 of the Domestic Violence Act, wherein notice was issued to respondent on 08.04.2022. The respondent has put in appearance on 16.05.2022 and written statement has been filed on 11.07.2022. It is further submitted that on account of delaying tactics adopted by the respondent the aforesaid case could not be decided till date which is pending for disposal since 2022.

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Learned counsel appearing on behalf of respondent has no objection, if the aforesaid case is decided expeditiously.

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Considering the submissions of learned counsel for the parties, without going into merit of the case, the Civil Judge (Junior Division) F.T.C-I / Judicial Magistrate, Chandauli is directed to decide the aforesaid case expeditiously preferably within a period of six months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties, unless there is any legal impediment.

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With the aforesaid direction, the instant petition is finally disposed of.

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Order Date :- 23.8.2023 sailesh

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Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad

Kshama Srivastava v. Abhishek Srivastava

Case brief

What is this about?

What did the court decide?

Kshama Srivastava v. Abhishek Srivastava

Case brief

What is this about?

What did the court decide?

What the court decided

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