Smt. Sampata Devi and 2 Others Vs State of U.P. Thru… — Domestic Violence | Allahabad HC (2025)

Smt. Sampata Devi and 2 Others Vs State of U.P. Thru… — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the court concerned (trial court handling Case No. 6296 of 2024, i.e., A.C.J.M.-III, Lucknow) to pre-pone and decide the ad-interim relief application within 10 days from 7.2.2025, after giving opportunity of hearing to the concerned parties, if not already decided; merits of the case expressly left to the trial court.

Issue for consideration

Whether opposite party nos. 2 and 3 should be directed to permit the petitioners to enter and reside in the shared house without hindrance to their peaceful livelihood. +1 more

Ratio / Principle

This Court disposed of the writ petition with a direction to the court concerned to pre-pone and decide the ad-interim relief application within 10 days from the date of the order, after giving opportunity of hearing to the concerned parties, if it has not already been decided.

Key takeaways

Merits of the case were expressly not considered by this Court; the trial court was directed to pass appropriate orders in accordance with law after considering all pleas made by the parties and the evidence available on record.obiter¶16

Detailed headnote1 paragraphs

MATTERS UNDER ARTICLE 227 No. 632 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench; Brij Raj Singh, J.; order dated 7.2.2025; Neutral Citation 2025:AHC-LKO:7936). Petition by Smt. Sampata Devi and 2 others prayed for (i) a direction to opposite party nos. 2 and 3 to permit the petitioners to enter and reside in the shared house without hindrance to their peaceful livelihood, and (ii) a direction to A.C.J.M.-III, Lucknow to decide forthwith the ad-interim application under Section 23(2) D.V. Act filed in Case No. 6296 of 2024 under Section 12 D.V. Act. Counsel submitted that the petitioners had been evicted from the house and petitioner no. 1 is the mother of opposite party no. 4; the A.G.A.'s instruction (taken on record) stated the petitioners are not residing in District Gonda. The Court disposed of the petition, directing the court concerned to decide the ad-interim application within 10 days after hearing the concerned parties, if undecided; merits were expressly not considered and the trial court was directed to pass appropriate orders per the pleas and evidence on record.

Neutral Citation No. - 2025:AHC-LKO:7936

Court No. - 28

Case :- MATTERS UNDER ARTICLE 227 No. - 632 of 2025

Petitioner :- Smt. Sampata Devi And 2 Others Respondent :- State Of U.P. Thru. District Provisionary Officer, Collectorate Lko. And 7 Others Counsel for Petitioner :- Pal Singh Yadav,Ashish Kumar Singh,Prathama Singh Counsel for Respondent :- G.A.,Aprajita Bansal

Hon'ble Brij Raj Singh,J.

1. Heard learned counsel for the petitioner, learned A.G.A. and Ms. Aprajital Bansal, learned counsel for the Electricity Department.

2. The present petition has been within the following prayers:-

"i. To pass appropriate order or direction, directing the opposite party nos. 2 and 3 to permit the petitioners to enter and reside in shared house and not create any hindrance in peaceful livelihood of the petitioners.

ii. To pass a direction to the learned A.C.J.M.- III, Lucknow to decide the application under Section 23 (2) of the D.V. Act filed in Case No. 6296 of 2024 under Section 12 D.V. Act. for ad-interim relief forthwith like as exparte on merit on the next date fixed on 7.2.2025."

3. After hearing learned counsel for the parties and after perusal of the record fact comes out that an ad-interim application had already been moved before the A.C.J.M.- III, Lucknow but no decision has been taken as yet and the the application is listed today.

4. Learned counsel for the petitioner also submits that the petitioners have been evicted from the house in question and petitioner no. 1 is mother of the opposite party no. 4.

5. Learned A.G.A. on the basis of the instruction

states that the petitioner are not residing in District- Gonda.

6. The instruction produced by the learned A.G.A. is taken on record.

7. In the present scenario, the writ petition is disposed of with a direction to the court concerned to decide the ad-interim relief application by pre-poning after giving opportunity of hearing to the concerned parties within 10 days from today, if it has not been decided.

8. It is made clear that merits of the the case has not considered by this Court and the trial court is directed to pass appropriate orders in accordance with law after considering all the pleas made by the parties and evidence available on record.

[Brij Raj Singh, J.]

Order Date :- 7.2.2025 A nuj S ing h

Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench