Smt Rekha Pandey v. Pravin Dwivedi and 3 Others

Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 10691 of 2023 Petitioner :- Smt Rekha Pandey Respondent :- Pravin Dwivedi And 3 Others Counsel for Petitioner :- Rajesh Kumar Dubey Hon'ble Ram Manohar Narayan Mishra,J.

¶1Heard learned counsel for the petitioner and perused the record.

¶2Learned counsel for the petitioner submitted that the petitioner has filed this petition to decide the matter filed under Section-12 of Protection of Women from Domestic Violence Act, 2005, Police Station-Swaroop Nagar, District-Kanpur, pending in the court of Additional Chief Metropolitan Magistrate IInd, Kanpur Nagar on

02.12.2022, which is registered as Complaint Case No.5084 of 2022 (Smt. Rekha Pandey vs. Pravin Dwivedi). However, the case is still lingering on due to non-appearance of opposite party and no effective order could be passed in this case.

¶3Learned counsel for the petitioner has referred to Section-12(5) of Protection of Women from Domestic Violence Act, 2005 in which it is provided 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".

¶4The statute has fixed a boarder of 60 days for disposal of the cases under this Act. However, the disposal cannot be made without hearing both sides regarding the pendency of the cases before the courts below under the Act.

¶5From perusal of the order-sheet of the case, it appears that the case is pending due to non-appearance of opposite party and the process has been issued to him.

¶6The court concerned is directed to make a proper way to expedite the hearing of the case in short days and decide the case in the statutory spirit expressed under Section-12(5) of the Act.

¶7Accordingly, the petition stands disposed of. Order Date :- 16.11.2023/Saif High Court of Judicature at Allahabad