Disposed¶8

Nisha v. State of U.P. and Another

Allahabad HC6 Feb 2025A483/33/2025

Case brief

AI extract

What is this about?

Section 483 Cr.P.C.; expeditious disposal direction; Protection of Women from Domestic Violence Act Sections 12 and 31; maintenance allowance non-recovery; summoning order and recovery warrant; Complaint Case No. 370 of 2023 and No. 285 of 2022; Civil Judge (Junior Division)/F.T.C. (C.A.W), Rampur; Police Station Tanda; aggrieved wife; time-bound disposal within two months; all stakeholders bound to assist court.

What did the court decide?

Direction to the trial court (Civil Judge (Junior Division)/F.T.C. (C.A.W), Rampur) to decide Case No. 370 of 2023 (Smt. Nisha Vs. Jubair Khan and others) under Sections 31 of the Protection of Women from Domestic Violence Act within two months from the date of production of certified copy of the order, if there is no legal impediment, with all stakeholders bound to assist in expeditious disposal.

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Court should direct the learned Civil Judge (Junior Division)/F.T.C. (C.A.W), Rampur to decide Case No. 370 of 2023 (Smt. Nisha Vs. Jubair Khan and others), under Sections 31 of the Protection of Women from Domestic Violence Act, expeditiously within a stipulated period.

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Court's answer

In view of the factual matrix, the hardship suffered by the applicant and the object of the Domestic Violence Act, the trial court is directed to decide Case No. 370 of 2023 (Smt. Nisha Vs. Jubair Khan and others) under Sections 31 of the Protection of Women from Domestic Violence Act within a period of two months from the date of production of certified copy of the order, if there is no legal impediment.

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Ratio / Principle

Besides the Presiding Officer concerned, all stakeholders, i.e., police and execution authorities, advocates, parties to the case and staff, are made bound by the order and it is their responsibility to assist the Court in every manner for the expeditious disposal of the case.

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Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.) disposed of an application under Section 483 Cr.P.C. filed by a wife seeking expeditious disposal of Complaint Case No. 370 of 2023 (Smt. Nisha Vs. Jubair Khan and others) under Sections 31 of the Protection of Women from Domestic Violence Act, arising from non-payment of maintenance granted by order dated 01.04.2023 in Complaint Case No. 285 of 2022 under Section 12 of the said Act, and issuance of a recovery warrant against the non-appearing husband. Directing the Civil Judge (Junior Division)/F.T.C. (C.A.W), Rampur to decide the case within two months from production of a certified copy of the order, if there is no legal impediment, the Court held that besides the Presiding Officer, all stakeholders (police and execution authorities, advocates, parties and staff) are bound to assist in expeditious disposal.

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Court No. - 82

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Case :- APPLICATION U/S 483 No. - 33 of 2025

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Applicant :- Nisha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This application under Section 483 Cr.P.C. has been filed with a prayer to direct the learned Civil Judge (Junior Division)/F.T.C. (C.A.W), Rampur to decide the Case No. 370 of 2023 (Smt. Nisha Vs. Jubair Khan and others), under Sections 31 of the Protection of Women from Domestic Violence Act, Police Station Tanda, District Rampur, expeditiously within a stipulated period.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State.

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It is submitted by the learned counsel for the applicant that Complaint Case No. 285 of 2022 under Section 12 Protection of Women of Domestic Violence Act was filed by the applicant before the Civil Judge (Junior Division)/F.T.C. (C.A.W.), Rampur which was decided vide order dated 01.04.2023 and opposite party no. 2 was directed to pay maintenance allowance but the maintenance allowance was not paid by the opposite party no. 2- husband. It is further submitted that another Complaint Case No. 370 of 2023, under Section 31 Protection of Women of Domestic Violence Act was preferred by the applicant against the opposite party no. 2 and on the said complaint summoning order was passed against the opposite party no. 2. Despite several date fixed in the matter, the opposite party no. 2 did not appear in the court and recovery warrant has been issued against him. The said case is still pending for long and nothing has been recovered from the opposite party no. 2. The applicant is aggrieved wife and the order passed by the competent court is running in favour of the applicant and the applicant is not getting any maintenance.

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Learned AGA opposed the prayer.

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I have considered the submissions and perused the record.

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In the factual matrix of the case and keeping in view the hardship suffered by the applicant and also considering the object

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of the Domestic Violence Act, the trial court is directed to decide the Case No. 370 of 2023 (Smt. Nisha Vs. Jubair Khan and others), under Sections 31 of the Protection of Women from Domestic Violence Act within a period of two months from the date of production of certified copy of this order before it, if there is no legal impediment.

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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 execution authorities, advocates, parties to the case, staff 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.

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With the above observations, the application stands disposed of.

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Order Date :- 6.2.2025 Rmk.

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Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad

Nisha v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Nisha v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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What the court decided

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