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2025 DAILYLAW 9946 (ALL)

SMT. PRIYA TIWARI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

A227/764/2025 · 2025-02-10

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19299 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 764 of 2025 Petitioner :- Smt. Priya Tiwari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shishir Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present petition has been preferred with the prayer to issue writ, order or direction, in the nature of mandamus directing learned Civil Judge (JD)/FTC Court no.1, Ghaziabad to consider and decide the pending proceeding of Domestic Violence Case No. 3272 of 2022, (Smt. Priya Tiwari & Another vs. Dhirendra Tiwari & others) under Section 12 of the Protection of Women from Domestic Violence Act, 2005, Police Station- Indrapuram, District- Ghaziabad which is pending in the concerned court since 30.09.2022, preferably if possible within stipulated period. 3. It is the submission extended by learned counsel for the petitioners that dilatory tactics had been adopted by respondent no. 2 which has been accepted by learned court concerned and as such petitioner is still waiting for seeking justice in pursuance to application preferred under Section 12 of the Domestic Violence Act, 2005. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant petition but could not dispute the aforesaid facts. 5. Considering the grounds as taken up while preferring the instant petition, if there is no other legal impediment, learned Civil Judge (JD)/FTC, Court no.1, Ghaziabad/ court concerned is hereby directed to expedite the proceedings pending in shape of Case No. 3272 of 2022 (Smt. Priya Tiwari & Another vs. Dhirendra Tiwari & others) as expeditiously as possible preferably within a period of 9 months from the date of production of certified copy of this order, without extending any unnecessary adjournment in favour of either of the parties unless the same is unavoidable. 6. The instant petition stands disposed of accordingly. Order Date :- 10.2.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad