Shashi Kala Vs State of U.P. and 5 Others — Domestic Violence | Allahabad HC (2025)

Shashi Kala Vs State of U.P. and 5 Others — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction issued to the Court of Civil Judge (S.D.)-II, Gorakhpur to secure the appearance of the opposite parties within one month of production of a certified copy of the order and to decide Execution Case No. 661 of 2023 within two months thereafter (if no legal impediment), with no unnecessary adjournments; all stakeholders bound to assist in expeditious disposal.

Issue for consideration

Whether the High Court should direct the Court of Civil Judge (S.D.)-II, Gorakhpur to expedite and decide Execution Case No. 661 of 2023 (under Section 31 of the Protection of Women from Domestic Violence Act) within a stipulated period. +1 more

Court's answer

The Court concerned (Civil Judge (S.D.)-II, Gorakhpur) is directed to make all possible endeavours for the appearance of the opposite party in Execution Case No. 661 of 2023 within one month from the date of production of a certified copy of this order before it.

Ratio / Principle

Thereafter, the Court concerned is to decide the aforesaid case within a period of two months, if there is no legal impediment.

Key takeaways

No unnecessary adjournment shall be sought/granted in the matter by/to either of the parties.ratio¶¶12
The court has ample power under the law to pass suitable and effective orders to ensure compliance of its own orders and to ensure service of the process sent to the opposite party.ratio¶¶10
Besides the Presiding Officer, all stakeholders i.e. police and executive authorities, counsels, parties to the case, staff etc. are made bound by this order to assist the Court in every manner for the expeditious disposal of the case.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Nalin Kumar Srivastava, J.; Order dated 21.1.2025) disposed of an application under Section 483 Cr.P.C. filed by Shashi Kala, wife/complainant, seeking expeditious disposal of Execution Case No. 661 of 2023 (Shashi Kala v. Vijay Nishad and others) under Section 31 of the Protection of Women from Domestic Violence Act, pending before the Civil Judge (S.D.)-II, Gorakhpur (PS Chiluatal), where opposite parties nos. 2 to 6 were not appearing despite several processes issued by the court. Considering the hardship suffered by the aggrieved wife and the object of the Domestic Violence Act, the trial court was directed to make all possible endeavours to secure the opposite parties' appearance within one month from production of a certified copy of the order and to decide the case within two months thereafter, if there is no legal impediment; no unnecessary adjournment was to be sought or granted by/to either party. All stakeholders (police, executive authorities, counsels, parties, staff) were declared bound by the order to assist the Court for expeditious disposal.

Neutral Citation No. - 2025:AHC:13424

Court No. - 82

Case :- APPLICATION U/S 483 No. - 2516 of 2024

Applicant :- Shashi Kala Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Rashmi Upadhyay,Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 483 Cr.P.C. has been filed with a prayer to direct the Court of Civil Judge (S.D.)-II, Gorakhpur to expedite / decide the proceedings of Execution Case No.661 of 2023, (Shashi Kala Vs. Vijay Nishad and others) under Section 31 of the Protection of Women from Domestic Violence Act, Police Station Chiluatal, District Gorakhpur pending before it, expeditiously within a stipulated period.

Heard Sri Manish Mani Tripathi, holding brief of Sri Vishveshwar Mani Tripathi, learned counsel for the applicant as well as learned A.G.A. for the State.

It is submitted by the learned counsel for the applicant that the present case has been filed by the applicant under the Domestic Violence Act and the same was registered before the court concerned on 10.3.2023. Applicant is the wife / complainant and she wants speedy trial of case. Accused / Opposite parties nos.2 to 6 are not appearing before the court and process are regularly being issued to them by the court. Therefore, it is urged that the court concerned may be directed for expeditious disposal of the aforesaid case.

I have considered the submissions and perused the record.

The present case is pending for appearance of O.P. Nos.2 to 6 but they are not appearing despite several process sent to them. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own order and to ensure the service of the process sent to the opposite party under its name.

In the factual matrix of the case and keeping in view the

hardship suffered by the applicant / aggrieved wife and also considering the object of the Domestic Violence Act, the Court concerned is directed to make all possible endeavours for the appearance of the opposite party in that case within a period of one month from the date of production of certified copy of this order before it and thereafter decide the aforesaid case within a period of two months, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted in the matter by/to either of the parties.

It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.

With the above observations, the application stands disposed of.

Order Date :- 21.1.2025 ss

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