Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10744 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner as well as the learned A.G.A. appearing for the State-respondents.
2. The respondent no. 2–husband, being aggrieved by the order dated 09.07.2025 passed on an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, preferred Appeal No. 81 of 2025 before the learned Sessions Judge, Jaunpur. By order dated 18.07.2025, the learned Sessions Judge stayed the operation of the aforesaid order dated 09.07.2025 without assigning any reasons. Aggrieved thereby, the petitioner has approached this Court by way of the present petition under Article 227 of the Constitution of India.
3. Upon hearing learned counsel for the petitioner and perusal of the material on record, it is evident that the impugned order dated 18.07.2025 suffers from the vice of non-application of mind, inasmuch as no reasons have been recorded therein. It is settled law that the Protection of Women from Domestic Violence Act, 2005 is a beneficial and social welfare legislation, and any interim protection granted thereunder cannot be stayed mechanically or simpliciter, without recording cogent reasons.
4. Consequently, the order dated 18.07.2025 passed by the learned Sessions Judge, Jaunpur is hereby set aside. The learned Sessions Judge is directed to consider and decide Appeal No. 81 of 2025 expeditiously, preferably within a period of three weeks from the date of production of a certified copy of this order. While deciding the appeal, the learned trial Court shall call upon the respondent- husband to file a detailed affidavit disclosing his assets and Versus Counsel for Petitioner(s) : Anil Kumar Mishra Counsel for Respondent(s) :
Neelam Yadav .....Petitioner(s) State of U.P. and Another .....Respondent(s)
liabilities, and thereafter pass appropriate orders strictly in accordance with law. The learned trial Court shall further ensure that the petitioner is paid due maintenance in compliance with the directions laid down by this Court in Rajesh Babu Saxsena v. State of U.P. and Another, [2024 SCC OnLine All 2260]. September 10, 2025 Shafique A227 No. 10744 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad