Hearing an application under Section 483 Cr.P.C., the High Court directed the subordinate civil court to decide the pending domestic violence case within one year by issuing a reasoned order without unnecessary adjournments.
Direction to decide the pending case within one year via a reasoned speaking order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:164769
Court No. - 82
Case :- APPLICATION U/S 483 No. - 855 of 2023
Applicant :- Smt Lalita Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Abhishek Mishra Counsel for Opposite Party :- G.A.
Hon'ble Donadi Ramesh,J.
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and direct the Court of learned Additional Civil Judge, Senior Division, Court No. 4, Ghaziabad to decide the Case No. 1085 of 2022 (Smt. Lalita vs. Gaurav and others), under Section 12, R/w23 of Domestic Violence Act, 2005 against the opposite parties, Police Station Loni, District Ghaziabad, within stipulated period otherwise the applicant shall have suffer irreparable loss and injury which cannnot be compensated in any manner whatsoever."
Order Date :- 16.8.2023 Mukesh Kr.
(Donadi Ramesh,J.)
Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad
3 issues framed by the court
Whether the trial court should decide the pending domestic violence case expeditiously within one year?
Whether a direction should be issued to the subordinate court to decide the case by a reasoned and speaking order?
Whether the applicant faces irreparable loss if the subordinate court delays in deciding the domestic violence case?
2 provisions across 2 enactments
Smt Lalita
Donadi Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
