Smt. Rinee Dobhal v. State of U.P. and 7 Others

Allahabad HC5 Mar 2025NA529/412/2025

Case brief

AI extract

What is this about?

Allahabad High Court, 6.3.2025, Application U/S 529 BNSS No. 412 of 2025, Nalin Kumar Srivastava, J. Direction for expeditious disposal of DV Act complaint (Case No. 1464 of 2024, S. 12 PWDVA, P.S. Indirapuram, Ghaziabad) within two months; right of wife-complainant to speedy disposal as object and mandate of the Act; no unnecessary adjournments; all stake holders (police, execution authorities, advocates, parties, staff) bound to assist.

What did the court decide?

Direction to the trial court to decide Complaint Case No. 1464 of 2024 within two months of production of a certified copy of the order, subject to no legal impediment, with no unnecessary adjournments; all stake holders (police, execution authorities, advocates, parties, staff) bound to assist the Court. ¶¶14

Smt. Rinee Dobhal Vs State of U.P. and 7 Others — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should direct the court concerned to decide Complaint Case No. 1464 of 2024 under the Protection of Women from Domestic Violence Act, pending before the Judicial Magistrate/F.T.C.-I, Ghaziabad, expeditiously within a stipulated period.

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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.

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Ratio / Principle

The court concerned is directed to decide the aforesaid case within two months from the date of production of a certified copy of this order before it, if there is no legal impediment, and no unnecessary adjournment shall be sought or granted.

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Key takeaways

Besides the Presiding Officer, all stake holders — police and execution authorities, advocates, parties to the case and staff — are bound by the order and must assist the Court in every manner for the expeditious disposal of the case.ratio¶¶13

Detailed headnote1 paragraphs

Application under Section 529 BNSS by the wife-complainant (Smt. Rinee Dobhal) seeking expeditious disposal of Complaint Case No. 1464 of 2024 under Section 12, Protection of Women from Domestic Violence Act, pending since 2024 before the Judicial Magistrate/F.T.C.-I, Ghaziabad. The Court held that the applicant has a right to expeditious disposal of the case under the Domestic Violence Act, being the object and mandate of the Act itself. The court concerned was directed to decide the case within two months from production of a certified copy of the order, if there is no legal impediment, with no unnecessary adjournments to be sought or granted; police, execution authorities, advocates, parties and staff were also made bound to assist the Court. Application disposed of.

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Neutral Citation No. - 2025:AHC:32558

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Court No. - 82

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Case :- APPLICATION U/S 529 BNSS No. - 412 of 2025

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Applicant :- Smt. Rinee Dobhal Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Dheeraj Maheshwari,Munna Lal Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Complaint Case No. 1464 of 2024, under Sections 12 Protection of Women from Domestic Violence Act, Police Station Indirapuram, District Ghaziabad pending in the Court of Judicial Magistrate/ F.T.C.-I, Ghaziabad expeditiously within 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 the applicant is the wife of opposite party no.2 and present case is pending since 2024. It is also submitted that the opposite party nos.2 to 8 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.

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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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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.

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In the circumstances, the Court concerned is directed to decide the aforesaid case within two 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.

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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.

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With the above observations, the application stands disposed of .

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Order Date :- 6.3.2025 Fhd

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

Smt. Rinee Dobhal v. State of U.P. and 7 Others

Case brief

What is this about?

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Smt. Rinee Dobhal v. State of U.P. and 7 Others

Case brief

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