SMT. BITTI ALIAS DEEPALI GUPTA v. STATE OF U.P. AND 3 OTHERS
NA529/1388/2025 · 2025-05-26
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57380 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57380 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:90158 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1388 of 2025 Applicant :- Smt. Bitti Alias Deepali Gupta Opposite Party :- State Of U.P. And 3 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 Case No. 3702 of 2014, under Sections 12 Protection of Women from Domestic Violence Act, pending in the Court of Judicial Magistrate-9th, Kanpur Nagar 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 2014. It is further submitted that during the proceeding of this case an application under Section 23 of D.V. Act has been moved in which an order was passed by the learned trial Court against the opposite party no.2 to provide interim maintenance to the applicant/ aggrieved wife but the said order has not been complied with so far and the matter is pending unnecessarily for a period of about 11 years. Applicant is a lady and and she has no means for her livelihood. 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. Applicant is the wife of opposite party no.2 and she has a right for expeditious disposal of the case under the Domestic Violence Act, which is the object and mandate of the Act itself. This Court has cautioned the trial Court several times to be more sensitive and vigilant while dealing with the cases under Domestic Violence Act and the trial Court has ample powers to pass punitive orders
against the defaulter for compliance of its own orders. 7. 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. It is further directed that no unnecessary adjournment will be sought/granted. 8.
It is also made clear that the Court / Presiding Officer is not the only stake holder of 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 etc. 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. 9. With the above observations, the application stands disposed of. Order Date :- 27.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad