In a writ petition under Article 227, the court directed the Metropolitan Magistrate to decide pending Section 12 proceedings under the PWDVA within four months to prevent harassment.
Writ petition disposed; directions issued for disposal within four months.
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Court No. - 88
Case :- MATTERS UNDER ARTICLE 227 No. - 3632 of 2023
Petitioner :- Manish Parmar Respondent :- Smt. Veenakshi Verma Counsel for Petitioner :- Narendra Singh
Hon'ble Vikram D. Chauhan,J.
The writ petition is filed with the following prayer:
"(a) Issue order or direction to the Learned Metropolitan Magistrate (MM) - 6th, Kanpur Nagar to decide vide case no. 3207 of 2014 (Smt Veenakshi Verma versus Avanish Kumar and Another) under section 12 of P.W.D.V.A, within stipulated time or any other time bound period as may be fixed by this Hon'ble court, otherwise the applicant shall suffer irreparable loss and injury."
It is submitted by learned counsel for the applicant that the proceedings under Section 12 of The Protection of Women from Domestic Violence Act, 2005 is pending against the petitioner. The petitioner is the elder brother of the husband and unnecessary harassment is being caused. It is submitted that the aforesaid proceedings may be permitted to be decided at the earliest.
Learned A.G.A. submits that the proceedings against the petitioner shall be decided in a time bound manner.
Considering the facts and circumstances of the case and submission of learned counsel for the parties, it is hereby provided that the Case No. 3207 of 2014 under section 12 of The Protection of Women from Domestic Violence Act, 2005 shall be decided by the court of Metropolitan Magistrate, 6th Kanpur Nagar, as expeditiously as possible preferably within a period of four months from the date of production of certified copy of the order without granting any unnecessary adjournment to the parties.
With the aforesaid observation/direction, the writ petition is disposed of.
Order Date :- 20.4.2023 Sumit Kumar
Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether to issue a direction for expedited disposal of proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
2 provisions across 2 enactments
Manish Parmar
Smt. Veenakshi Verma
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
