Allahabad High Court
SUBUKTARA KHATOONversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
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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