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

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

What the court decided

AI extract

Outcome

Application disposed of with a direction to the court concerned (Additional Chief Magistrate-Vth, Jaunpur) to decide Case No. 9090 of 2017 within three months from production of a certified copy of the order, if there is no legal impediment; no unnecessary adjournments to be sought/granted; all stakeholders bound to assist the Court for expeditious disposal.

Issue for consideration

Whether the High Court should direct the court concerned to decide DV Act Case No. 9090 of 2017 (Sections 18, 9, 20 & 22, Protection of Women from Domestic Violence Act), pending since 2017 before the Additional Chief Magistrate-Vth, Jaunpur, expeditiously within a stipulated period.

Court's answer

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

Ratio / Principle

The court concerned is directed to decide Case No. 9090 of 2017 within three months from the date of production of a certified copy of this order before it, if there is no legal impediment; it is further directed that no unnecessary adjournment will be sought or granted.

Key takeaways

The Court/Presiding Officer is not the only stakeholder in the trial and disposal of a case; besides the P.O. concerned, all stakeholders i.e. police and execution authorities, advocates, parties to the case, staff etc. are bound by the order and responsible to assist the Court in every manner for expeditious disposal of the case.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Nalin Kumar Srivastava, J.; Neutral Citation 2025:AHC:61281; Order Date 23.4.2025) disposed of an application under Section 529 BNSS filed by Suman Maurya, wife of opposite party no.2, seeking a direction for expeditious disposal of Case No. 9090 of 2017 under Sections 18, 9, 20 & 22 of the Protection of Women from Domestic Violence Act (P.S. Sigramau, District Jaunpur), pending since 2017 before the Additional Chief Magistrate-Vth, Jaunpur. Holding that the applicant has a right to expeditious disposal under the Domestic Violence Act, being its object and mandate, the Court directed the court concerned to decide the case within three months from production of a certified copy of the order, if there is no legal impediment, barred unnecessary adjournments, and declared that besides the Presiding Officer all stakeholders (police and execution authorities, advocates, parties, staff) are bound by the order to assist the Court for expeditious disposal.

Neutral Citation No. - 2025:AHC:61281

Court No. - 80

Case :- APPLICATION U/S 529 BNSS No. - 280 of 2025

Applicant :- Suman Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Kumar Srivastava,Navin Pandey 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. 9090 of 2017, under Sections 18, 9, 20 & 22 Protection of Women from Domestic Violence Act, Police Station Sigramau, District- Jaunpur pending in the Court of Additional Chief Magistrate-Vth, Jaunpur 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 2017. It is also submitted that the opposite party no.2 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.

In the circumstances, the Court concerned is directed to decide the aforesaid case within three months from the date of production of certified copy of this order before it, if there is no legal impediment. 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 :- 23.4.2025//Fhd

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