In a writ petition under Article 227, the Allahabad High Court directed the Civil Judge (Junior Division) to dispose of a pending Section 12 application under the Domestic Violence Act within two months to ensure expeditious justice.
Direction to the concerned Civil Judge to decide the pending Section 12 petition within two months.
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Neutral Citation No. - 2024:AHC:139233
Court No. - 87
Case :- MATTERS UNDER ARTICLE 227 No. - 4441 of 2024
Petitioner :- Smt Alka Respondent :- Rohit Kumar And 3 Others Counsel for Petitioner :- Ram Rang Patel
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
This petition under Article 227 of the Constitution of India has been filed to direct the Civil Judge (Junior Division)/F.T.C. Crime Against Women, Moradabad, District-Moradabad to decide the Case No. 1520 of 2023 (Smt. Alka Vs. Rohit Kumar and others), under Section 12 of the Protection of Women from Domestic Violence Act, 2005, Police Station-Majhola, District-Moradabad, pending in the Court of Civil Judge (Junior Division)/F.T.C. Crime Against Women, Moradabad, District-Moradabad within stipulated time frame fixed by this Hon'ble Court.
Expeditious disposal of a case is the right of every litigant and it is expected from every Court to endeavour to dispose of a case pending before it, expeditiously.
Learned counsel for the respondents has no objection in this regard.
Considering the facts and circumstances of the case and submission made by learned counsel for the petitioner, it is expedient to direct the court concerned to make its endeavour to decide the aforesaid case within two months, as expeditiously as possible without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment.
With the aforesaid directions, the petition is disposed of.
Order Date :- 29.8.2024 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether Civil Judge was directed to dispose of the pending DV shelter/relief petition within a fixed time frame?
2 provisions across 2 enactments
Smt Alka
Rohit Kumar
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
