SMT. ARADHANA YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND 6 OTHERS
A483/554/2025 · 2025-07-24
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152650 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152650 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42497 Court No. - 12 Case :- APPLICATION U/S 483 No. - 554 of 2025 Applicant :- Smt. Aradhana Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And 6 Others Counsel for Applicant :- Vinay Mishra,Laxmi Shanker Goswami,Rahil Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard Sri Vikas Chandra Dwivedi,Advocate holding brief of Sri Vinay Mishra, learned counsel for the applicant and learned AGA.
Learned counsel for the applicant submits that the applicant has filed application under Section 12 of the Domestic Violence Act on 31.08.2024 but the same has not been disposed of till date, whereas as per Section 12(5) of the Protection of Women From Domestic Violence Act, the Learned Magistrate has to endeavour to dispose of every application made under sub- section (1) within a period of sixty days from the date of its first hearing. Perusal of the order sheet indicates that the court has proceeded exparte on 07.05.2025. Thereafter two dates were fixed, 12.06.2025 and 25.06.2025 but the applicant has not filed the exparte evidence, therefore, she cannot attribute delay in disposal of the application to the Court, rather she himself is responsible for not assisting the concerned court in proceedings and deciding the case. Thus, this Court is not inclined to issue any direction for disposal of the application at this stage. Even otherwise as per the law laid down by the Hon'ble Supreme Court, the applicant can approach to the concerned court at appropriate stage and the concerned court may consider the same and proceed accordingly. The petition, being misconceived, is dismissed.
Order Date :- 24.7.2025 Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench