Allowed

Garima Jain v. State of U.P. and 5 Others

Allahabad HC6 Jan 2023A482/42410/2022

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the applicant sought enforcement of an interim maintenance order and expedited hearing of pending DV proceedings. The High Court allowed the application, directing the trial court to expedite the case within six months and enforce the earlier order.

What did the court decide?

Direction to expedite hearing of complaint case within six months and enforce interim maintenance order dated 22.7.2019.

Garima Jain Vs State of U.P. and 5 Others — Domestic Violence | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 42410 of 2022

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Applicant :- Garima Jain Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Sudhir Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard the learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

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By means of this application u/s 482 Cr.P.C. the applicant has invoked the inherent jurisdiction of this court seeking the relief to issue a direction to the Civil Judge (SD)/Additional Civil Judge, court no. 2, Ghaziabad to enforce the order dated 22.7.2019 passed by Judicial Magistrate, Ghaziabad in complaint case no. 4678 of 2018, Garima Jain Vs. Arihant Jain and others, ordering for payment of interim maintenance to the applicant and her minor daughter due agaisnt the opp. party no. 2 within stipulated period of time. And, further prayer to expedite the proceedings of complaint case no. 4678 of 2018 is also made.

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Vide impugned order dated 22.7.2019, the application of the applicant under section 23 of Domestic Violence Act was decided by the A.C.J.M., Court no. 7, Ghaziabad and order was made for payment of Rs. 6000/- to the applicant and Rs. 2000/for her daughter as maintenance. As per the applicant, this order is not complied with and the complaint no. 4678 of 2018, Garima Jain Vs. Arihant Jain, under section 23 of Domestic Violence Act is still pending.

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Application is allowed.

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Trial court is directed to expedite the hearing of the aforesaid complaint case no. 4678 of 2018, Garima Jain Vs. Arihant Jain and others, under section 23 of Domestic Violence Act and decide the same as expeditiously as possible preferably within a period of six months from the date of production of the certified copy of this order and also enforce the order dated 22.7.2019, if there is no legal impediment.

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Order Date :- 6.1.2023

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Gss

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Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad

Garima Jain v. State of U.P. and 5 Others

Case brief

What is this about?

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Garima Jain v. State of U.P. and 5 Others

Case brief

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