Disposed

Smt. Gayatri v. State of U.P. and Another

Allahabad HC17 Jan 2025A482/1291/2025

Case brief

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What is this about?

Applicant sought expedited disposal of her pending Protection of Women from Domestic Violence Act section 12 complaint before the Mathura magistrate. Noting the statutory mandate to dispose of such applications within 60 days of first hearing, the court directed the trial be concluded expeditiously, preferably within 60 days.

What did the court decide?

Direction to Additional Civil Judge (JD)/JM, Court No. 7, Mathura to conclude Case No. 12 of 2023 expeditiously, preferably within 60 days.

Smt. Gayatri vs State of U.P. and Another — Domestic Violence | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:8436

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 1291 of 2025

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Applicant :- Smt. Gayatri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Kumar Maurya,Vivek Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Mahendra Kumar Maurya, learned counsel for the applicant and Sri Sunil Kumar Kushwaha, learned A.G.A. for the State.

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The present application has been filed for directing the learned Additional Civil Judge (Junior Division)/ Judicial Magistrate, Court No. 7, Mathura, to expedite the trial of Case No. 12 of 2023, (Mrs.) Gaytri Vs. Shri Madan Singh, arising out of proceeding u/s 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Domestic Violence Act'), within stipulated period.

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Contention of learned counsel for the applicant is that complaint case of the applicant u/s 12 of the Domestic Violence Act has been pending since 2023 , but till date it has not been decided. As per Section 12(5) of the Domestic Violence Act, it is provided that the Magistrate shall endeavour to dispose of every application made under this Section within a period of 60 days from the date of its first hearing. Sections-12(4) and 12(5) of the Domestic Violence Act are being quoted below:-

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"12(4). The Magistrate shall fix the first date of hearing, which shall not

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ordinarily be beyond three days from the date of receipt of the application by the court.

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12(5). The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing."

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In view of the above, there is a statutory mandate to decide the complaint u/s 12 of the Domestic Violence Act within a period of 60 days from the date of its first hearing.

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Accordingly, the learned Additional Civil Judge (Junior Division)/ Judicial Magistrate, Court No. 7, Mathura, is directed to conclude and decide the trial of Case No. 12 of 2023, (Mrs.) Gaytri Vs. Shri Madan Singh, arising out of proceeding u/s 12 of the Domestic Violence Act, expeditiously preferably within a period of 60 days from the date of receipt of copy of this order.

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With the aforesaid direction, the application is disposed of.

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Order Date :- 17.1.2025 KS

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Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad

Smt. Gayatri v. State of U.P. and Another

Case brief

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Smt. Gayatri v. State of U.P. and Another

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