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2025 DAILYLAW 61249 (ALL)

ARTI v. STATE OF UP AND 3 OTHERS

CRLP/10323/2025 · 2025-05-20

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85343-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10323 of 2025 Petitioner :- Arti Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Om Shankar Mishra Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the parties. 2. Present writ petition is preferred with the prayer to command the respondent no.2 and 3 to comply with the orders dated 19.04.2017 and 02.07.2024 as well as recovery warrant dated 21.10.2024 and onwards, within stipulated period. 3. Record in question reflects that in the proceeding under Section 23 of the Domestic Violence Act, the Additional Chief Judicial Magistrate, Court no.5 Allahabad had directed the respondent no.4 to pay monthly compensation of Rs.3,000/- to the petitioner and further directed not to harass the petitioner. Later-on by order dated 02.07.2024, the respondent no.4 was further directed either to keep the petitioner and her two children with similar residential facilities or to provide two rooms to them and in failure, the respondent no.4 was directed to provide the rental house to the petitioner. 4. Learned counsel for the petitioner states that inspite of successive order till date the same have not been complied with. Such situation impelled the petitioner to be before this Court with aforesaid relief. 5. Learned A.G.A has resisted the relief on the premise that the Domestic Violence Act itself is self contained Act and admittedly the matter is pending before the competent court, wherein, petitioner is having efficacious remedy to press the relief before the concerned Court. 6. We have the occasion to peruse the record and find substance in the argument advanced by learned A.G.A., as such we are not inclined to issue any direction in the matter. However, without adverting on the merit of the Court, we leave it open to the petitioner to press the relief in the on-going proceeding before the Court concerned. 7. With the aforesaid leave, the writ petition is disposed of. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 21.5.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad