PARUL ARORA AND ANOTHER v. COURT OF CIVIL JUDGE (J.D./ FTC ) CRIME AGAINST WOMAN LKO. AND ANOTHER
A227/5106/2025 · 2025-08-28
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160007 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160007 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5106 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Ms. Parul Arora, the petitioner who appears in person.
2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of an order dated 25.06.2025 passed by the Civil Judge (Junior Division / F.T.C.), Crime Against Women, court no.50, Lucknow in Case No.199 of 2016, under Section 12 of the Protection of Women from Domestic Violence Act, whereby the trial court has recalled the non-bailable issued against the opposite party No.2 after referring to various judgments wherein it has been held that the proceedings under the provision of the Protection of Women from Domestic Violence Act are quasi criminal proceedings which do not have any penal consequences except when there is a violation or breach of the protection order and the allegation against the opposite party no.2 was of having committed the default in paying the maintenance amount and that amount already stands recovered.
3. Section 29 of the Protection of Women from Domestic Violence Act provides that there shall lie an appeal to the court of session.
4. As the petitioner has got statutory remedy available, this Court does not find it an appropriate case to invoke its power of superintendence to interfere with the aforesaid order.
5. The petitioner had made numerous other prayers but she had confined her submissions for assailing the validity of the order dated 25.06.2025 only. Versus Counsel for Petitioner(s) : In Person Counsel for Respondent(s) :
Parul Arora And Another .....Petitioner(s) Court Of Civil Judge (J.D./ Ftc ) Crime Against Woman Lko. And Another .....Respondent(s)
6. Accordingly, the writ petition is dismissed leaving it open to the petitioner to file an appeal as per the statutory provision referred to above. It shall be open to the petitioner to raise all her grievance before the court concerned. August 28, 2025 S. Shivhare A227 No. 5106 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench