Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:93677 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1740 of 2025 Applicant :- Smt Gausiya Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Shailesh 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 Additional Civil Judge (JD) 1st, Kanpur Nagar to decide the Case No. 55747 of 2016, under Section 12 of the Protection of Women from Domestic Violence Act, 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 the present case has been filed under the Domestic Violence Act and the applicant is aggrieved lady. It is further submitted that matter under the Domestic Violence Act was decided by the Court concerned and an appeal no. 7 of 2017 in connection with the said
order was also disposed of on 1.5.2017 and the matter was remanded back and due to latches made by the opposite party nos. 2 to 9 the matter is still pending. Applicant is suffering from financial hardship and mental agony and is not in a position to attend the Court for the pairvi of the case on each and every date. It is also submitted that the Court concerned is not taking proper interest to decide the case.
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 / aggrieved wife and also considering the object of the Domestic Violence Act, 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 in the matter
by/to either of the parties.
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 executive authorities, counsels, 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.
8. With the above observations, the application stands disposed of.
Order Date :- 30.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad