SMT. SHANTI DEVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 5 OTHERS
A483/548/2025 · 2025-07-21
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151856 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151856 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:41504 Court No. - 12 Case :- APPLICATION U/S 483 No. - 548 of 2025 Applicant :- Smt. Shanti Devi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 5 Others Counsel for Applicant :- Arvind Kumar Tiwari,Kamal Kishor Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard Sri Kamal Kishor Tiwari, learned counsel for the applicants and learned AGA.
Learned counsel for the applicants submits that the applicants have filed case under Section 12 of the Domestic Violence Act on 09.11.2023 but the same has not been disposed of till date despite statutory provision under Section 12(5) of the Domestic Violence Act which provides for disposal of the complaint case within 60 days from the date of it's first hearing. However, on perusal of the order sheet it is apparent that the applicants or their counsels have not appeared on most of the dates, therefore no direction can be issued by this Court at this stage. Even otherwise, if the statutory provision is not being complied and the case is being lingered on unnecessarily, the applicants have a right of moving application for expeditious disposal before the concerned court pointing out the aforesaid in view of the law laid down by the Hon'ble Supreme Court, which is to be considered by the concerned court in accordance with law and proceed accordingly. With the aforesaid, the application is dismissed.
Order Date :- 21.7.2025 Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench