Akanksha Srivastav v. Samarth Gupta and Another

Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 5981 of 2023 Petitioner :- Akanksha Srivastav Respondent :- Samarth Gupta And Another Counsel for Petitioner :- Alok Kumar Dubey,Saumitra Dwivedi Hon'ble Mrs. Jyotsna Sharma,J.

¶1Heard Sri Saumitra Dwivedi, learned counsel for the petitioner.

¶2In view of the prayer clause (A) of the petition, the need for issuance of notice to respondents is dispensed with. The only prayer is to direct the court concerned to decide petitioner's case no. 13918 of 2020 filed under sections 12, 18, 19 and 20 of the Protection of Women from Domestic Violence Act, 2005 in time bound manner.

¶3From the papers on record, it is revealed that the petitioner filed a case under section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'D.V. Act') on 25.09.2020. From the copies of the ordersheet, it emerges that since the filing of the case, nothing substantial has been done and is pending. My attention has been drawn to section 12(5) of the D.V. Act, which says that the Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its 'first hearing'.

¶4In view of above provisions of law, this petition is disposed of, with a direction to the court concerned, to proceed with the case, keeping in mind the mandate of the aforesaid statutory provisions of law. Order Date :- 13.10.2023 #Vikram/- High Court of Judicature at Allahabad