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2026 DAILYLAW 12219 (ALL)

SMT. JANKI DEVI AND 2 OTHERS v. KUSUM GAUTHWAL JOSHI

A227/13981/2026 · 2026-10-04

Vikram D Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13981 of 2026 Court No. - 55 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the petitioners. 2. The present petition is filed with the following prayers:- "(I) Issue an order or direction of a suitable nature directing the learned Chief Judicial Magistrate, Ghaziabad, to expeditiously conclude and decide Complaint Case No. 1004 of 2024 (Kusum Gauthwal Joshi v. Deepak Joshi & Others) within a stipulated period of time as may be fixed by this Hon'ble Court; (II) Issue an order or direction directing the learned trial court to consider and decide sympathetically the application of Petitioner No. 1 (Smt. Janki Devi) for exemption from personal appearance in view of her documented medical condition, and to refrain from adopting any coercive measure against her during the pendency of the trial solely on account of her non-appearance owing to illness." 3. Learned counsel for the petitioners submits that the proceedings before the court concerned be directed to be concluded in a time bound manner. It is submitted by learned counsel for the petitioners that petitioner no. 1 is the mother-in-law, petitioner no. 2 is husband of respondent no. 1 and petitioner no. 3 is father-in-law before the court concerned. 4. Considering the facts and circumstances of the case and the submission of learned counsel for the petitioners, the petition is disposed of with a direction to the Chief Judicial Magistrate, Ghaziabad to decide Versus Counsel for Petitioner(s) : Sandeep Kumar Kushwaha, Shivam Yadav, Udai Bhatia Counsel for Respondent(s) : Smt. Janki Devi And 2 Others .....Petitioner(s) Kusum Gauthwal Joshi .....Respondent(s) the Complaint Case No. 1004 of 2024 (Kusum Gauthwal Joshi Vs. Deepak Joshi & others) and application of petitioner no. 1 (Smt. Janki Devi) for exemption from personal appearance in view of her documented medical condition expeditiously, preferably within a period of one year from the date of production of a certified copy of this order. October 5, 2026 VMA A227 No. 13981 of 2026 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad