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Allahabad High Court

SUBUKTARA KHATOONversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The court directed the trial court to decide the pending domestic violence case within two months, barring any legal impediment, and disposed of the application.

Summary

The applicant Subuktara Khatoon filed an application under Section 529 of the CPC seeking expeditious disposal of a domestic violence complaint (Case No. 2113 of 2024) pending before the Junior Division/F.T.C., Kushinagar. The trial court was at the ex parte stage, and the applicant requested that the case be decided within two months without unnecessary adjournments. The State, represented by the learned A.G.A., raised no objection to the prayer, describing it as innocuous. The Hon'ble Justice Prashant Mishra-I considered the lack of opposition and the need for speedy justice under the Protection of Women from Domestic Violence Act. Consequently, the court directed the trial court to endeavour to decide the matter within two months, subject to no legal impediment, and disposed of the application.

Issues considered

  • Whether the trial court should be directed to dispose of the domestic violence case expeditiously within a specified time frame.

Legislation cited

Subjects

  • Domestic Violence
  • Expeditious Disposal
  • Section 12 PWDA
  • Civil Procedure
  • Adjournments

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 2365 of 2026

                                    Subuktara Khatoon
                                                                                                   .....Applicant(s)
                                                                        Versus

                                    State Of U.P. And 3 Others
                                                                                                        .....Opposite
                                                                                                              Party(s)

                                    Counsel for Applicant(s)      : Krishna Shankar, Sumit Kumar Gupta
                                    Counsel for Opposite Party(s) : G.A.

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

                                    1. Heard Mr. Krishna Shankar, learned counsel for the applicant, learned
                                    A.G.A. representing the State and perused the record.

                                    2. The instant application has been preferred by the applicant with a prayer
                                    for expeditious disposal of Complaint Case No. 2113 of 2024 (Subuktara
                                    Khatoon Vs. Kamrulhoda and others), under Section 12 of Protection of
                                    Women from Domestic Violence Act, pending in the court of learned Junior
                                    Division /F.T.C., Kushinagar place of Padrona, Uttar Pradesh, within
                                    stipulated time.

                                    3. Learned counsel for the applicant apprised that the proceedings are
                                    pending at the stage of ex parte argument.

                                    4. Learned A.G.A. has no objection to the innocuous prayer of the applicant.

                                    5. In view of the above, it is directed that the learned trial court concerned
                                    shall make all endeavour to decide the aforesaid case expeditiously
                                    preferably within a period of two months from the date of production of
                                    certified copy of this order, if there is no legal impediment, without granting
                                    unnecessary adjournments to either of the parties.

                                    6. With the aforesaid direction, this application is disposed of.



                                                                                           (Prashant Mishra-I,J.)
                                    May 12, 2026
                                    Kashifa




Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad


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