SUNEETA DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 6 OTHERS
A483/257/2025 · 2025-03-21
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129394 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129394 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16413 Court No. - 12 Case :- APPLICATION U/S 483 No. - 257 of 2025 Applicant :- Suneeta Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 6 Others Counsel for Applicant :- Vivek Chandra Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard Sri Vivek Chandra, learned counsel for applicant as well as learned A.G.A. for the State.
2. The prayer made in the present matter pertains to expeditious disposal of the complaint/criminal Case No. 2152 of 201 filed under Section 12 of the Domestic Violence Act before the Additional Chief Judicial Magistrate, Kunda, District - Pratagarh which is pending since 2015.
3. It has been submitted by learned counsel for applicant that marriage of the applicant was solemnized on 01.03.2006 with respondent No. 2 and due to the differences having arisen between them the applicant is living separately and in the aforesaid circumstances she moved an application under Section 12 of the Domestic Violence Act before the AdditionalChief Judicial Magistrate, Kunda, District - Pratagarh seeking one time payment of Rs. 50,000/- and Rs. 3,000/- per month as maintenance.
4. Learned counsel for petitoenr submits that the complaint case under Section 12 of the Protection of Women from Domestic violence Act, 2005 filed by the applicant is pending since 20158 before the learned court below. It is submitted that although Sub-Section 5 of Section 12 of the Protection of Women from Domestic violence Act, 2005 must be decided within 60 days from the date of first hearing, however, the same has not been decided yet.
5. Considering the above, the application is disposed of directing the learned trial court to decide the complaint/criminal Case No. 2152 of 2015 preferably within a period of sixty days' as provided under Sub-Section 5 of Section 12 of the Protection of Women from Domestic violence Act, 2005. (Alok Mathur, J.) Order Date :- 21.3.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench