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2015 Supreme(All) 2699

ALLAHABAD HIGH COURT
Pankaj Naqvi, J.
Renu Gupta - Appellant
Versus
State of U.P. And Another - Respondent
Application U/S 482 No. 24712 of 2015
Decided On : 21-08-2015

Advocates Appeared:
For the Petitioner: S.K. Sharma.
For the Respondent:Govt. Advocate.

The court has the authority to direct the expeditious conclusion of proceedings under Section 12 of the Domestic Violence Act and to ensure timely execution of orders, as provided under Section 12(5) of the Act.

Headnote:

Section 12 of Protection of Women From Domestic Violence Act - Direction to expedite proceedings

Fact of the Case:

The applicant filed an application under Section 482 Cr.P.C. seeking direction to expedite a complaint case under Section 12 of the Domestic Violence Act, pending since 2014, with no tangible progress and non-payment of interim maintenance.

Finding of the Court:

The court directed the concerned court to expedite the proceedings to its logical conclusion, under intimation to this Court, and imposed conditions to avoid unnecessary adjournments and to ensure expeditious execution of the order of interim maintenance.

Issues: Delay in proceedings under Section 12 of the Domestic Violence Act, non-payment of interim maintenance, and unnecessary adjournments.

Ratio Decidendi: The court relied on Section 12(5) of the Act to dispose of the application and provide directions to expedite the proceedings, avoid unnecessary adjournments, and ensure expeditious execution of the order of interim maintenance.

Final Decision: The application was disposed of with the direction to expedite the proceedings and ensure expeditious execution of the order of interim maintenance.

JUDGMENT

Pankaj Naqvi, J.

Heard Sri S.K. Sharma, learned counsel for the applicant and the learned A.G.A.

2. The instant application under Section 482 Cr.P.C. has been filed for seeking a direction to the court concerned to decide Complaint Case No.1212/2014 (Renu Gupta vs. Sandeep Mohan and others), under Section 12 of Protection of Women From Domestic Violence Act, P.S. Chandausi, Moradabad, pending in the court of A.C.J.M., Chandausi, Moradabad, expeditiously.

3. The contention is that a complaint under Section 12 of the Domestic Violence Act, 2005 by the applicant is pending before the court concerned since 2014. Even though dates are being fixed at regular intervals, no tangible progress is made. It is also contended that there is an order of interim maintenance of Rs.7500/- per month in favour of the applicant, which has also been affirmed by the appellate court, but no payment whatsoever has been made.

4. Considering the facts and circumstances of the case and in view of Section 12(5) of the Act, this application is disposed of with the direction to the court concerned to expedite the aforesaid proceedings to its logical conclusion, as expeditiously as possible, under intimation to this Court. It is made clear that the court below shall not grant unnecessary adjournments. Adjournments, if any, shall be for very strong and compelling reasons, to be recorded in writing, else would attract a cost of not less than Rs.500/- per date. Learned counsel for applicant undertakes not to seek any frivolous adjournment before the court below.

5. It is further provided that in case the applicant files an appropriate application for execution of the order of interim maintenance before the court concerned, the court below shall endeavour to pass appropriate orders thereon, as expeditiously as possible.

Subject to aforesaid, this application is disposed of.


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