Disposed

Seema Rani v. State of U.P. and Another

Allahabad HC21 Jul 2023A227/4175/2022

Case brief

AI extract

What is this about?

The High Court, without going into the merits of the prayer to quash maintenance orders, directed the trial court to expedite the disposal of the maintenance complaint under the DV Act within six months. The petition for quashing was finally disposed of after this direction.

What did the court decide?

Direction to the Additional Chief Judicial Magistrate to decide the maintenance complaint within six months without unnecessary adjournments.

Seema Rani Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:146266

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Court No. - 79

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Case :- MATTERS UNDER ARTICLE 227 No. - 4175 of 2022 Petitioner :- Seema Rani Respondent :- State of U.P. and Another Counsel for Petitioner :- Vidya Dhar Yadav,Yogesh Kumar Srivastava Counsel for Respondent :- G.A.,Rateesh Singh

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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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This writ petition has been filed for quashing the order dated 08.11.2021, passed by Additional Chief Judicial Magistrate, Court No. 4, Allahabad, in Complaint Case No. 1123 of 2019 (Smt. Seema vs. Anupam), under Section 12 of the Protection of Women From Domestic Violence Act, 2005 by which the application for interim maintenance under Section 23 of Protection of Women From Domestic Violence Act, 2005 was allowed and opposite party no. 2 who is husband of petitioner was directed to pay Rs. 5,000/- per month as well as order dated 29.04.2022, passed by SessionsJudge, Allahabad, in Criminal Appeal No. 48 of 2022 (Seema Rani vs. Anupam Yadav) by which the appeal preferred by petitioner was dismissed.

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After arguing at some length, learned counsel for the petitioner submits that petitioner is not willing to press her prayer in the petition and now limited her prayer only to the extent that complaint filed by petitioner under Section 12 of the Protection of Women From Domestic Violence Act, 2005 may be decided expeditiously.

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It is submitted by learned counsel for the petitioner that petitioner has filed an application under Section 12 of the Protection of Women From Domestic Violence Act, 2005 in the year 2019, which was registered as Complaint Case No. 1123 of 2019 (Smt. Seema vs. Anupam) on 16.07.2019. It is further submitted that respondent no. 2 that the husband of petitioner has put in appearance before the court below and filed his objection but on account of delaying tactics adopted by opposite party no. 2, the case could not be proceeded and the same is pending for disposal since, 2019.

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Learned A.G.A. as well as learned counsel appearing on behalf of opposite party no. 2 have no objection to the prayer for expeditious disposal of complaint filed under Section 12 of the Protection of Women From Domestic Violence Act, 2005.

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Considering the rival submissions of learned counsel for the parties, without going into merit of the case, the Additional Chief Judicial Magistrate, Court No. 4, Allahabad / court concerned is directed to expedite the proceeding of the aforesaid complaint case and decide the same expeditiously, preferably within a period of six months from the date of production of certified copy of this order after providing opportunity of hearing to the parties concerned 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 :- 21.7.2023 sailesh

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

Seema Rani v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Seema Rani v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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