Allahabad High Court
Shama Parveen vs State Of U.P. And Another on 4 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:95094
Court No. - 53
Case :- APPLICATION U/S 529 BNSS No. - 1705 of 2025
Applicant :- Shama Parveen
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ajay Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Criminal Misc. Case No. 2435 of 2023, under Sections 31 Protection of Women from Domestic Violence Act, pending in the Court of learned Civil Judge (SD) Court No.4, Varanasi expeditiously within stipulated period.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
3. It is submitted by the learned counsel for the applicant that the applicant is the wife of opposite party no.2 and present case is pending since 2023. It is also submitted that earlier the application under Section 12 Domestic Violence Act was moved by the present applicant/ wife and the same was allowed by the trial Court vide judgment and order dated 22.7.2022. An appeal was preferred against that order wherein the amount of maintenance allowance was enhanced. Subsequently a criminal revision no. 5915 of 2023 was preferred by opposite party no.2 challenging the appellate order and this Court was pleased to pass an interim order for the payment of the maintenance allowance to the applicant with some other conditions vide order dated 29.11.2023 but however, nothing has been paid by opposite party no.2 so far and the applicant wife was compelled to file this application under Section 31 of Domestic Violence Act. Applicant is a lady and and she has no means for her livelihood. She is not in a position to attend the Court for the pairvi of the case on each and every date.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record.
6. Applicant is the wife of opposite party no.2 and she has a right for expeditious disposal of the case under the Domestic Violence Act, which is the object and mandate of the Act itself.
7. The trial Court is having sufficient power for the recovery of money from the husband/ opposite party no.2 as he is a government employee and his salary may also be attached for realization of the amount and in the same fashion the trial Court is free to pass any other suitable order for the recovery of money from the opposite party no.2, the husband.
8. Since the matter pertains to the year 2021, considering the object and mandate of the Domestic Violence Act, the Court concerned is directed to decide the aforesaid case within the stipulated period of the time prescribed in the Act itself. It is further directed that no unnecessary adjournment will be sought/granted.
9. It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.
10. With the above observations, the application stands disposed of.
Order Date :- 4.6.2025
Fhd
