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Allahabad High Court

SABA PARVEEN AND 2 OTHERSversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The court held that, in view of the prolonged pendency and the absence of any legal obstacle, the trial court must decide the domestic violence case within six months and refrain from granting undue adjournments.

Summary

The applicants filed an application under Section 529 of the Code of Civil Procedure seeking an expeditious disposal of a pending domestic violence case (Case No. 223 of 2021) filed under Section 12 of the Protection of Women from Domestic Violence Act. The trial court had been handling the matter for an extended period without reaching a conclusion. The State, through its counsel, raised no objection to an expedited hearing. The High Court noted the undue delay and the interest of justice, directing the trial court to decide the case within six months and to avoid unnecessary adjournments. The application was disposed of as an innocuous order without issuing notice to the other respondents, with a provision for them to approach the court if aggrieved.

Issues considered

  • Whether the trial court should be directed to expedite the disposal of the pending domestic violence case.
  • Whether any legal impediment exists to imposing a six‑month deadline for the trial court’s decision.

Legislation cited

Subjects

  • Domestic Violence
  • Expeditious Disposal
  • Procedural Direction
  • Adjournments
  • Section 12 PWDA
  • Section 529 CPC

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 529 BNSS No. - 2246 of 2026

Saba Parveen And 2 Others
                                                           .....Applicant(s)
                                   Versus

State Of U.P. And 5 Others
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)                    :   Anchal Kumar Rao
Counsel for Opposite Party(s)               :   G.A.

Court No. - 84
                   HON'BLE PRASHANT MISHRA-I, J.

Heard Sri Anchal Kumar Rao, learned counsel for the applicants and
learned A.G.A. for the State and perused the record.

The instant application has been preferred by the applicants with a prayer
for expeditious disposal of Case No. 223 of 2021 (Saba Parveen and
others Vs. Asif and others) under Section 12 of Protection of Women
from Domestic Violence Act pending in the Court of learned Judicial
Magistrate/F.T.C. Women, Azamgarh, within stipulated time.

Learned counsel for the applicants submitted that present case is pending
since long and the case has not culminated to its logical conclusion.

Learned A.G.A. has no objection if the matter be expedited in the interest
of justice.

Keeping in view the period of pendency of the case, it is directed that the
learned trial court shall make all endeavour to decide this case
expeditiously, preferably within a period of six months from today, if
there is no legal hurdle, without permitting undue adjournments to either
sides.

It is needless to say that Informant shall make all endeavours to cooperate
with the trial.

With the above directions, this application is disposed of without issuing
any notice to O.P. Nos. 2 to 6 as it is an innocuous order. If the O.P. Nos.
                                                                                           NA529 No. 2246 of 2026
                                                                  2


                                    2 to 6 feel aggrieved, they may approach this Court.



                                                                                       (Prashant Mishra-I,J.)
                                    May 5, 2026
                                    A. Mandhani




Digitally signed by :-
ABHISHEK MANDHANI
High Court of Judicature at Allahabad


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