Allahabad High Court
SMT RAMRATIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court directed the Juvenile Magistrate (Crime Against Women) to decide the domestic violence case within one year, thereby granting the writ of mandamus.
Summary
The petitioner, Smt Ramrati, filed a writ petition under Article 227 seeking a mandamus directing the Juvenile Magistrate (Crime Against Women) in Basti to decide her domestic violence case (Parivad Case No. 42 of 2026) expeditiously. The petitioner argued that undue delay would cause irreparable loss and that the lower court should be bound to a time‑bound schedule. The High Court, after hearing counsel, noted the facts and the petitioner's position as complainant. It ordered the lower court to decide the case within one year of the certified copy of the order. No further directions were given, and the petition was disposed with the mandated time‑bound order.
Issues considered
- Whether the High Court can issue a mandamus under Article 227 directing a lower court to decide a pending domestic violence case within a specified time‑frame
- Whether the delay in disposal of the domestic violence case warrants judicial intervention to prevent irreparable injury to the petitioner
Legislation cited
Subjects
- Article 227
- Mandamus
- Protection of Women from Domestic Violence Act
- Domestic Violence
- Expeditious disposal
- Writ petition
- Time-bound order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12677 of 2026
Smt Ramrati
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dinesh Kumar Tiwari, Mohan Singh
Counsel for Respondent(s) : G.A.
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the
State.
2. The present petition is filed with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may
graciously be pleased to issue a writ, order or direction in the nature of
mandamus commanding the respondent no. 3/learned JM-F.T.C. (Crime
Against Women), Basti, to consider and decide the proceedings of
Parivad Case No. 42 of 2026, Ramrati Versus Maya Devi, under Section
12 of the Protection of Women from Domestic Violence Act, 2005,
expeditiously, preferably within a time-bound period as may be fixed by
this Hon'ble Court, strictly in accordance with law and without granting
unnecessary adjournments to either party, subject to the cooperation of
the parties.
It is further prayed that this Hon'ble Court may kindly direct the learned
court below to proceed with the aforesaid case on the date fixed and make
all endeavour for its expeditious disposal; otherwise the petitioner shall
suffer irreparable loss and injury."
3. Learned counsel for the petitioner 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 petitioner that the petitioner is
the complainant before the court concerned.
4. Considering the facts and circumstances of the case and the submission
A227 No. 12677 of 2026
2
of learned counsel for the petitioner, the petition is disposed of with a
direction to the JM-F.T.C. (Crime Against Women), Basti to decide
the Parivad Case No. 42 of 2026 (Ramrati Vs. Maya Devi), under Section
12 of the Protection of Women from Domestic Violence Act,
2005 expeditiously, preferably within a period of one year from the date
of production of a certified copy of this order.
(Vikram D. Chauhan,J.)
September 30, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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