Gulshan Kumari vs Unknown
2023 Latest Caselaw 2423 UK

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      Date    or directions                          COURT'S OR JUDGES'S ORDERS
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                               C482 No. 1692of 2023

                               Hon'ble Sharad Kumar Sharma, J.

Mr. Pranav Singh, the learned counsel for the applicant.

Mr. V.K. Gemini, the learned Dy. A.G. for the State.

Heard.

In an application, filed under Section 12 of the Prevention of Women from Domestic Violence Act (hereinafter referred to as the Act), by the respondent, which was registered as Miscellaneous Case No. 53 of 2023, Smt. Gulshan Kumari vs. Smt. Rekha Girdhar, in para 8 she has admitted that, in fact, since 2014 she is not residing together, if that be the situation, the order passed under Section 23 by the Additional Senior Civil Judge/Additional CJM, Roorkee, District Haridwar, in the aforesaid Miscellaneous Case, whereby the following directions have been issued:

"izkfFkZ;k i= dk izkFkZuk /kkjk 23 ?kjsyw fgalk ls efgykvksa dk laj{k.k vf/kfu;e 2005 izR;FkhZ Jherh js[kk fxj/kj ds fo:˜ ,di{kh; :i ls Lohdkj fd;k tkrk gSA izR;FkhZ dks mDr vf/kfu;e dh /kkjk 18 ds vUrxZr izkFkhZuh Jherh xqqy'ku dqekjh ds lkFk ?kjsyw fgalk ds fdlh dk;Z dks djus rFkk ?kjsyw fgalk ds dk;ksZa dks dkfjr djus esa lgk;rk ,oa nq'izsfjr djus ,oa O;fDrxr ekSf[kd vFkok fyf[kr ,oa nwjHkk'kh; lEidZ djus ls izfrf'k˜ fd;k tkrk gSA mDr vf/kfu;e dh /kkjk 19 ds vUrxZr izR;FkhZs dks izkFkhZuh ds 'kkfUriwoZd fuokl esa dksbZ O;o/kku ;k ck/kk Mkyus rFkk izR;FkhZ dks izkFkhZuh ds fuokl LFkku izos'k djusls fuf'k˜ fd;k tkrk gSA bl vkns'k dh ,d izfr izkfFkZ;k dks fu%'kqYd iznku dh tk;s rFkk ,d&,d izfr laj{k.k o lEcfU/kr Fkkus ds Hkkjlk/kd vf/kdkjh dks vuqikyukFkZ izsf'kr dh tk;sAß In fact, it will not at all prejudice the present applicant at all. But only infatuation the applicant has drawn from the order is that this order as passed on 24.03.2023, may affect the proceedings which have carried under Section 12 of the Act, before the competent court at Saharanpur.

While closing this 482 petition, it is hereby made clear that the impugned order dated 24.03.2023, would be exclusively confined for the purposes of Case No. 53 of 2023 itself, and the finding recorded thereto should not be borrowed for the purpose of collateral proceedings drawn before any other court under Section 12 of the Act.

Subject to the above, the C482 petition stands closed.

After having concluded the judgment, the counsel for the applicant has prayed that the proceedings under Section 12 registered as Misc. Case No. 53 of 2023, which is pending consideration in the Court of Additional Senior Civil Judge/Additional Chief Judicial Magistrate, Roorkee, may be directed to be expedited.

Without expressing any opinion on the merits of the case, the Additional Senior Civil Judge/Additional Chief Judicial, Magistrate, Roorkee is requested to decide the aforesaid case as expeditiously as possible, but not later than four months from the date of production of certified copy of this order.

(Sharad Kumar Sharma, J.) 23.08.2023

PV