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

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

What the court decided

AI extract

Outcome

Application disposed of with directions to the court concerned to decide the pending domestic violence case (Case No. 2429 of 2019) within the stipulated period prescribed in the Protection of Women from Domestic Violence Act, without unnecessary adjournments, and with all stakeholders bound to assist expeditious disposal.

Issue for consideration

Whether the court concerned should be directed to decide the applicant's pending domestic violence case (Case No. 2429 of 2019) expeditiously within the stipulated period prescribed under the Protection of Women from Domestic Violence Act.

Court's answer

The applicant, being the wife of opposite party no. 2, has a right for expeditious disposal of her domestic violence case, which is the object and mandate of the Domestic Violence Act itself.

Ratio / Principle

Considering the object and mandate of the Domestic Violence Act and since the matter pertains to the year 2019, the Court concerned is directed to decide the aforesaid case (Case No. 2429 of 2019) within the stipulated period of time prescribed in the Act itself.

Key takeaways

It is further directed that no unnecessary adjournment will be sought/granted in the disposal of the case.ratio¶¶12
Besides the Presiding Officer concerned, all stake holders (police and execution authorities, advocates, parties to the case, staff etc.) are made bound by this order, it being their responsibility to assist the Court for the expeditious disposal of the case.ratio¶¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 83), Nalin Kumar Srivastava, J. — Application U/S 529 BNSS No. 1922 of 2025, Smt. Priti v. State of U.P. and 5 Others (order dated 22.7.2025): Applicant, wife of opposite party no. 2, sought directions for expeditious disposal of her pending domestic violence complaint — Case No. 2429 of 2019 under Sections 3, 14, 17, 18, 19, 21 and 22, Protection of Women from Domestic Violence Act (Police Station Shikohabad, District Firozabad) — lying since 2019 before the learned Civil Judge (JD), Firozabad, opposite party nos. 2 to 6 allegedly adopting delaying tactics with only dates being fixed. The High Court held that the applicant, as the complainant wife, has a right to expeditious disposal of the case, being the object and mandate of the Domestic Violence Act itself; accordingly directed the court concerned to decide the case within the stipulated period of time prescribed in the Act and that no unnecessary adjournment be sought/granted; and further bound all stake holders — besides the Presiding Officer, the police and execution authorities, advocates, parties and staff — to assist the Court in expeditious disposal. Application disposed of.

Neutral Citation No. - 2025:AHC:119274

Court No. - 83

Case :- APPLICATION U/S 529 BNSS No. - 1922 of 2025

Applicant :- Smt. Priti Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Case No. 2429 of 2019, under Sections 3, 14, 17, 18, 19, 21 and 22 Protection of Women from Domestic Violence Act, Police Station Shikohabad, District Firozabad pending in the Court of learned Civil Judge (JD), Firozabad expeditiously within stipulated period.

Heard 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 applicant is the wife of opposite party no.2 and present case is pending since 2019. It is also submitted that the opposite party nos.2 to 6 are not cooperating with the Court concerned and are adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. Applicant is a lady and and she has no means for her livelihood. She is not in a position to attend the Court for the pairvi of the case on each and every date.

Learned AGA opposed the prayer.

I have considered the submissions and perused the record.

Applicant is the wife of opposite party no.2 and she has a right for expeditious disposal of the case under the Domestic Violence Act, which is the object and mandate of the Act itself.

Since the matter pertains to the year 2019, considering the object and mandate of the Domestic Violence Act, the Court concerned is directed to decide the aforesaid case within the stipulated period of the time prescribed in the Act itself. It is further directed that no unnecessary adjournment will be sought/granted.

It is also made clear that the Court / Presiding Officer is not the only stake holder of 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 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 :- 22.7.2025 Fhd

Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad