VIMLA DEVI ALIAS VARSHA ALIAS VIMLA v. STATE OF U.P. AND 2 OTHER
A482/41895/2024 · 2025-02-10
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 109924 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109924 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:20863 Court No. - 74 Case :- APPLICATION U/S 482 No. - 41895 of 2024 Applicant :- Vimla Devi Alias Varsha Alias Vimla Opposite Party :- State Of U.P. And 2 Other Counsel for Applicant :- Piyush Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Piyush Dubey, learned counsel for the applicant as well as Sri S. K. Singh, learned A.G.A. for State.
2. Learned counsel for the applicant is permitted to make necessary correction in the prayer clause during the course of the day.
3. In view of the order, which is being proposed to be passed, notices are not being issued to O.P. Nos. 2 & 3.
4. The sole prayer made in the present application is to direct the court below to decide the Miscellaneous Case No. 5104 of 2023 (Vimla Devi Vs. Narendra Singh and another), under Rule 6 Sub Rule 5 of Protection of Women from Domestic Violence Act), P.S.- Tajganj, Agra, pending in the court of Civil Judge (J.D.)/Fast Track Court, Court No. 1, Agra within time bound period.
5. Learned counsel for the applicant submitted that proceedings under Section 12 of Protection of Women from Domestic Violence Act, 2005 was initiated which came to be allowed ex parte on
19.01.2023. However, despite the fact that for recovery steps has been taken by the applicant but proceeding is still pending. Limited prayer is for a direction to the court below to decide the aforesaid case in time bound period.
6. Learned A.G.A. submits that has no objection to the same.
7. Considering the rival parties, the application stands disposed of requiring the court below to decide the said case after hearing the respective parties with most expedition without granting unnecessary adjournment within a period of six months, subject to legal impediment, if any.
8. Passing of this order may not be construed that this Court has adjudicated the matter on merits. Order Date :- 11.2.2025/Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad