Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13307 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 14675 of 2024 Petitioner :- Smt Madhvi Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satya Deo Ojha Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri S.D.Ojha, learned counsel for the petitioner and learned AGA for the State.
2. Present petition has been preferred with the prayer to issue an
order or direction in the nature of mandamus directing the learned Additional Chief Judicial Magistrate, Court no. 7, Varanasi/respondent no. 2 to recover the maintenance amount as per order dated 01.12.2015 from the respondent no. 3.
3. It is the case of the petitioner that in shape of interim relief, compensation in respect of proceeding under Section 12 of Domestic Violence Act, 2005 has already been extended by learned concerned court in favour of petitioner and in pursuance of the same payment of Rs.20,000/- has been received by petitioner till 2020 from the date of the order i.e. 01.12.2015. From January, 2021 no payment has been extended by respondent no. 3. Petitioner preferred an application for recovering all the payment due in shape of compensation which has already been extended by learned concerned court but the application is still pending for
consideration by learned court of Additional Chief Judicial Magistrate, Court no. 7, District Varanasi.
4. Per contra, learned AGA vehemently opposed the prayer sought through the instant petition but could not dispute the aforesaid
facts.
5. In view of the aforementioned facts and circumstances, if there is no other legal impediment available, learned court of Additional Chief Judicial Magistrate, Court no. 7, District Varanasi/concerned court is hereby directed to consider application dated 13.07.2021, 07.02.2022, 03.12.2022, 02.11.2023 and 12.07.2024 which were preferred on yearly basis by petitioner for same cause of action i.e. in shape of prayer for realization of the amount which has already
been extended in shape of interim compensation in favour of the petitioner, as expeditiously as possible preferably within a period of two months from the date of production of certified copy of this
order.
6. The instant petition stands disposed of accordingly.
Order Date :- 24.1.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad