Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13030 Court No. - 77 Case :- APPLICATION U/S 482 No. - 2435 of 2025 Applicant :- Smt. Seema Dohare Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Shri Rajesh Kumar, learned counsel for the applicant and Mohd. Shoeb Khan, learned A.G.A. for the State.
2. The present application has been filed for directing the Civil Judge (J.D.) Auraiya to conclude the trial proceeding in Case No. 120 of 2020 (Smt. Seema Dohare Vs. Mayank @ Guddu and others), under Section 12 Protection of Women from Domestic Violence Act (hereinafter referred to Domestic Violence Act), within stipulated period, pending in the court of Civil Judge (J.D.)/F.T.C. (CAW), Auraiya.
3. Contention of learned counsel for the applicants is that complaint case of the applicant u/s 12 Domestic Violence Act has been pending since 2020, but till date it has not been decided. As per Section 12(5) of the Domestic Violence Act, it is provided that the Magistrate shall endeavour to dispose of every application made under this Section within a period of 60 days from the date of its first hearing. Section 12(4) and 12(5) of Domestic Violence Act are being quoted below:-
"12(4). The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court. 12(5). The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing."
4. In view of the above, there is a statutory mandate to decide the complaint u/s 12 of Domestic Violence Act within a period of 60 days from the date of its first hearing.
5. Accordingly, learned Civil Judge (J.D.) Auraiya is directed to conclude the trial of Case No. 120 of 2020 (Smt. Seema Dohare Vs. Mayank @ Guddu and others), under Section 12 Protection of
Women from Domestic Violence Act, expeditiously preferably within a period of 90 days from the date of receipt of copy of this
order.
6. With the aforesaid direction, the application is disposed of.
Order Date :- 24.1.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad