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2025 DAILYLAW 123896 (ALL)

RUMSHA HUSAIN v. COURT OF CIVIL JUDGE (S.D) C.R. NO 24, LKO. AND 3 OTHERS

A483/135/2025 · 2025-02-17

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10262 Court No. - 16 Case :- APPLICATION U/S 483 No. - 135 of 2025 Applicant :- Rumsha Husain Opposite Party :- Court Of Civil Judge (S.D) C.R. No 24, Lko. And 3 Others Counsel for Applicant :- Ravi Shanker Tewari,Sheo Pal Singh,Vishwakant Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for respondent State. Notices to respondent nos.2,3 and 4 are dispensed with in view of the proposed order. Through this application the applicant has prayed for the following main relief :- "i) to issue direction commanding the Opposite Party no.1 to decide the application u/s 19(8) of the D.V.Act, in the complaint case being no.917/2019 (Smt. Rumsha Husain Versus Mohd. Samir Jafar & Ors.) U/s 12 D.V. Act pending in the Court of Additional Civil Judge (S.D.), C.R. No. 24, Lucknow within a time bound manner preferably within a month and thereafter decide the complaint as early as possible." Perused the record. Learned counsel for the applicant submits that more than five years have passed, however, learned court below could not secure the presence of the respondent no.2 (husband) and has failed to initiate any conciliation, which is mandated under the Act. No progress at all has been made in the trial. The applicant has taken divorce. He submits that the application moved by the applicant under Section 19(8) of the Protection of Women from Domestic Violence Act 2005 is also pending disposal. He prays that the proceedings may be directed to be expedited. On due consideration to the submissions advanced, perusal of the record, the application is disposed of with a direction to the learned court below to decide the complaint case No.917 of 2019, under Section 12 D.V. Act (supra). The application under Section 19(8) of the D.V. Act shall be decided forthwith. Order Date :- 17.2.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench