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Court No. - 82 Case :- APPLICATION U/S 483 No. - 33 of 2025 Applicant :- Nisha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Tiwari Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the learned Civil Judge (Junior Division)/F.T.C. (C.A.W), Rampur to decide the Case No. 370 of 2023 (Smt. Nisha Vs. Jubair Khan and others), under Sections 31 of the Protection of Women from Domestic Violence Act, Police Station Tanda, District Rampur, expeditiously within a 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 Complaint Case No. 285 of 2022 under Section 12 Protection of Women of Domestic Violence Act was filed by the applicant before the Civil Judge (Junior Division)/F.T.C. (C.A.W.), Rampur which was decided vide order dated 01.04.2023 and opposite party no. 2 was directed to pay maintenance allowance but the maintenance allowance was not paid by the opposite party no. 2- husband. It is further submitted that another Complaint Case No. 370 of 2023, under Section 31 Protection of Women of Domestic Violence Act was preferred by the applicant against the opposite party no. 2 and on the said complaint summoning order was passed against the opposite party no. 2. Despite several date fixed in the matter, the opposite party no. 2 did not appear in the court and recovery warrant has been issued against him. The said case is still pending for long and nothing has been recovered from the opposite party no. 2. The applicant is aggrieved wife and the order passed by the competent court is running in favour of the applicant and the applicant is not getting any maintenance. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the factual matrix of the case and keeping in view the hardship suffered by the applicant and also considering the object
of the Domestic Violence Act, the trial court is directed to decide the Case No. 370 of 2023 (Smt. Nisha Vs.
Jubair Khan and others), under Sections 31 of the Protection of Women from Domestic Violence Act within a period of two months from the date of production of certified copy of this order before it, if there is no legal impediment. 7. It is also made clear that the Court/Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, parties to the case, staff are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 8. With the above observations, the application stands disposed of. Order Date :- 6.2.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad