Allahabad High Court
SMT ANITAversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to decide the domestic violence case within four months, without unnecessary adjournments, and disposed of the application.
Summary
The applicant, Smt. Anita, filed an application under Section 529 of the CPC seeking speedy disposal of her domestic violence case (Case No. 226 of 2024) filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The trial court had recorded statements of informant witnesses but cross‑examination was still pending. The State's counsel raised no objection to the applicant's request for an expedited hearing. The High Court, noting the pending cross‑examination and the need to avoid unnecessary adjournments, directed the trial court to decide the matter within four months of the order, provided no legal impediment exists. The application was consequently disposed of.
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 PWDVA
- Section 529 CPC
- Adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2370 of 2026
Smt Anita
.....Applicant(s)
Versus
State Of U.P. And 7 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Srivastava Iii
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Arvind Srivastava III, learned counsel for the applicant and
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 Case No. 226 of 2024, Smt. Anita Vs. Ritupal
and others under Section 12 of the Protection of Women from Domestic
Violence Act, 2005, pending in the court of learned Civil Judge (Junior
Division)/Fast Track Court (Crime Against Women), Rampur, within
stipulated time.
3. Learned counsel for the applicant submitted that witnesses from the side
of informant have furnished their statement on oath before learned trial court
but the cross-examination is still pending.
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 withing a period of four months from the date of production of
certified copy of this order, without granting any unnecessary
adjournment to either of the parties, if there is no legal impediment.
6. With the aforesaid direction, this application is disposed of.
(Prashant Mishra-I,J.)
May 12, 2026
A. Mandhani
Digitally signed by :-
ABHISHEK MANDHANI
High Court of Judicature at Allahabad
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