KSHMA SHUKLA AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
NA529/789/2025 · 2025-04-09
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38143 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38143 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:52752 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 789 of 2025 Applicant :- Kshma Shukla And Another Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ravindra Kumar Mishra 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 Case No. 2864 of 2023, under Sections 3, 12, 14, 17, 18, 19, 21, 22 of Protection of Women from Domestic Violence Act, Police Station North, District Firozabad pending in the Court of Judicial Magistrate, Firozabad expeditiously within stipulated period.
2. Heard learned counsel for the applicants as well as learned A.G.A. for the State.
3. It is submitted by the learned counsel for the applicants that the applicant no.1 is the wife of opposite party no.2 and present case is pending since 2023. It is also submitted that the opposite party nos.2 to 5 are not cooperating with the Court concerned and are adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. No maintenance order has been passed in favour of applicants. Applicant no.1 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 at the stage of evidence of opposite party nos.2 to
5. They are not cooperating with the progress of the case. Applicants have a right for expeditious disposal of the case under the Domestic Violence Act, which is the object and mandate of the Act itself. In the circumstances, the Court concerned is directed to decide the aforesaid case within two months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted.
7. With the above observations, the application stands disposed of. Order Date :- 10.4.2025/safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad