Smt. Parool Singh v. Civil Judge (Junior Division) Ftc/Domestic Violence Act, Sultanpur and 4 Others

Court No. - 15 Case :- MATTERS UNDER ARTICLE 227 No. - 5189 of 2023 Petitioner :- Smt. Parool Singh Respondent :- Civil Judge (Junior Division) Ftc/Domestic Violence Act, Sultanpur And 4 Others Counsel for Petitioner :- Pratibha Agnihotri,Divya Gupta Hon'ble Shamim Ahmed,J. Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record. This petition under Article 227 of the Constitution of India has been filed with a prayer to issue an order or direction commanding the opposite party no.1 to decide the application under Section 12 of the Domestic Violence Act, Criminal Case No.538 of 2020 (Parool Singh Vs. Maniyendra Pratap Singh and Others), pending before learned Civil Judge (J.D.) / F.T.C. / Domestic Violence Act, Police Station Chanda, District Sultanpur since 04.11.2020 expeditiously. Learned counsel for the petitioner submits that a positive direction be given to the court below to decide the aforesaid application within a stipulated period. Learned A.G.A. has no objection on the prayer made by the learned counsel for the petitioner and submits that a positive direction be given to the court below to decide the application of the petitioner, as merely keeping pending the same by the court below does not suffice any purpose of the litigation. In view of the statements made by the learned counsel for the parties, the court below is directed to decide the aforesaid application filed by the petitioner in the above mentioned case expeditiously, preferably within a period of four months, without granting any unnecessary adjournment to either of the parties from the date of filing of the certified copy of this order, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case. With the aforesaid observation, the petition is disposed of finally. Order Date :- 12.10.2023 Saurabh High Court of Judicature at Allahabad, Lucknow Bench