SMT RITIKA CHAUDHARY v. STATE OF U.P. AND 4 OTHERS
NA529/404/2025 · 2025-03-04
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26273 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26273 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:31835 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 404 of 2025 Applicant :- Smt Ritika Chaudhary Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Anil Kumar Pathak,Chandra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Complaint Case No. 324 of 2018, under Sections 12, 18, 19, 20, 22 Protection of Women from Domestic Violence Act, pending in the Court of Civil Judge (JD)/FTC (CAW), Kanpur Dehat, expeditiously within stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the applicant is the wife of opposite party no.2 and present case is pending since 2018. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. No maintenance order has been granted in her favour. She is not in a position to attend the Court for the pairvi of the case on each and every date. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the aforesaid case is pending since 2021 for want of DPO report and the Court is simply passing orders to call for the said report. The applicant is a lady. It appears that the trial court is not taking proper interest in the proceedings of the case which relates to the Domestic Violence Act and requires expeditious disposal as per mandate of the Act itself. 7. In the circumstances, the Court concerned is directed to obtain
the DPO report within one month from the date of production of certified copy of this order before it and thereafter decide the aforesaid case within two months, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 8.
It is also clarified that since the DPO concerned is not complying with the orders of the Court concerned, the Court concerned is at liberty to take proper action against the DPO concerned in accordance with law. 9. With the above observations, the application stands disposed of. Order Date :- 5.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad