Allahabad High Court
FATIMA BEGUMversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court directed the Additional Sessions Judge/F.T.C.-II, Deoria to decide the domestic violence appeal within six months, thereby disposing of the petition.
Summary
The petitioner, Fatima Begum, filed a writ petition under Article 227 of the Constitution seeking a direction to the Additional Sessions Judge/F.T.C.-II, Deoria, to decide Domestic Violence Appeal No. 97 of 2025 within a stipulated period. The appeal concerns an order dated 13 October 2025 passed in case No. 635 of 2016 under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The petitioner argued that the delay in disposal violated her right to a speedy trial and that she is the aggrieved wife in the matter. The High Court examined whether it could issue a time‑bound directive to the lower court under its supervisory jurisdiction. Considering the facts and the petitioner's submissions, the Court ordered the lower court to decide the appeal within six months of receiving a certified copy of the order. The petition was consequently disposed with the said direction.
Issues considered
- Whether the High Court can, under Article 227, direct a lower court to decide a pending domestic violence appeal within a specified time frame
- Whether the delay in disposal of the appeal infringes the petitioner's rights under the Protection of Women from Domestic Violence Act, 2005
Legislation cited
Subjects
- Article 227
- Domestic Violence
- Time‑bound disposal
- Protection of Women from Domestic Violence Act
- Writ petition
- Supervisory jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12821 of 2026
Fatima Begum
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Farha Naqvi, Khurshed Alam, Shaheen
Bano
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:-
"a) Issue a writ, order or direction, directing the Learned Additional
Sessions Judge/F.T.C.-II, Deoria to decide the Domestic Violence Appeal
No. 97 of 2025, between Fatima Begum v/s State of U.P. others, filed
against the Order dated 13.10.2025 in Case No. 635 of 2016, Fatima
Begum v/s Iqbal and others Under section 12 of the Protection of Women
from Domestic Violence Act, 2005, at P.S. Banakata, District- Deoria,
within a stipulated time."
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 wife before the court concerned.
4. Considering the facts and circumstances of the case and the submission
of learned counsel for the petitioner, the petition is disposed of with a
direction to the Additional Sessions Judge/F.T.C.-II, Deoria to decide
the Domestic Violence Appeal No. 97 of 2025 (Fatima Begum Vs. State
of U.P. others) filed against the order dated 13.10.2025 passed in Case
No. 635 of 2016 (Fatima Begum Vs. Iqbal and others) under Section 12
of the Protection of Women from Domestic Violence Act, 2005, Police
A227 No. 12821 of 2026
2
Station Banakata, District Deoria, within a period of six months from the
date of production of a certified copy of this order.
(Vikram D. Chauhan,J.)
September 23, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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