Extracted from the PDF above. The PDF is authoritative.
2026:UHC:3358 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C528/636/2025
Hon’ble Alok Mahra, J.
Mr. Prince Chauhan,
learned counsel for the applicant through Video Conferencing.
2. Present C-528 application has been filed by the applicant seeking a direction for expeditious disposal of Misc. Criminal Case No. 62 of 2022, under Section 28 of the Protection of Women from Domestic Violence Act, 2005 read with Section 128 Cr.P.C., pending before the Court of learned Civil Judge (J.D.)/Judicial Magistrate, Pithoragarh, District Pithoragarh.
3.
Learned counsel for the applicant would submit that the dispute arises out of matrimonial discord between the applicant and the respondent, who are wife and husband respectively; that, the applicant had initially filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, wherein the learned trial court directed the respondent to pay maintenance of ₹5,000/- per month from the date of application. Being aggrieved, the applicant preferred a revision, which was partly allowed by the revisional court vide judgment and
order dated 25.02.2023, enhancing the
2026:UHC:3358 maintenance to ₹7,000/- per month and further awarding compensation of ₹2,00,000/- in favour of the applicant.
4. He would further submit that despite the aforesaid orders, the respondent has failed to comply with the directions and has not paid any amount to the applicant. Consequently, the applicant initiated execution/enforcement proceedings by filing an application under Section 28 of the Act read with Section 128 Cr.P.C., which is registered as Misc. Criminal Case No. 62 of 2022 and is presently pending before the court concerned. It is also submitted that the respondent has entered appearance in the said proceedings but is deliberately seeking unnecessary adjournments on one pretext or another, thereby causing undue delay in disposal of the case, thus, the applicant prays that a direction be issued to the court below to decide the aforesaid proceedings within a stipulated time frame.
6. Having heard learned counsel for the parties and perused the material available on record, this Court finds that the proceedings in question have been pending since the year 2022 and relate to enforcement of maintenance and compensation awarded in favour of the applicant.
7. In view of the aforesaid, without expressing any opinion on the merits of
2026:UHC:3358 the case, the present application is
disposed of with a direction to the learned Civil Judge (J.D.)/Judicial Magistrate, Pithoragarh, District Pithoragarh to make all endeavours to decide Misc. Criminal Case No. 62 of 2022, expeditiously, preferably within a period of one month from the date of production of a certified copy of this
order, in accordance with law without granting unnecessary adjournments to either of the parties.
8. Pending applications, if any, shall stand disposed of accordingly.
(Alok Mahra, J.)
02.05.2026 Mamta
MA MTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f 244f3e584af1449e430ef900 bf09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1 d9cabfd54852c9e68911ca8b 66dd26690a191648ab5d8dd 004ef0, cn=MAMTA RANI Date: 2026.05.05 10:33:22 +05'30'
2026:UHC:3358