Court Emphasizes Statutory Appeal Process Under Domestic Violence and Gram Nyayalayas Acts
In a significant judgment, the Allahabad High Court, presided over by Justice Praveen Kumar Giri, dismissed a criminal revision petition filed by Nilesh Gupta challenging an ex parte order issued by the Gram Nyayalaya, Gorakhpur. The original order, dated May 19, 2026, granted reliefs under Sections 18, 19, 20, and 22 of the Protection of Women from Domestic Violence Act, 2005, following a complaint by Annu Gupta.
The court clarified that a direct revision petition to the High Court is not maintainable when a statutory appeal process is available. It emphasized that the proper legal channel involves filing an appeal with the Court of Session under Section 29 of the Domestic Violence Act and Section 33(3) of the Gram Nyayalayas Act, 2008.
The revisionist's counsel, Vivekanand Yadav, argued for setting aside the ex parte order and remanding the matter back to the Gram Nyayalaya for fresh consideration. However, the court reiterated the necessity of exhausting the statutory appeal remedy before approaching the High Court.
The court's decision aligns with the precedent set by a larger bench in the case of Dinesh Kumar Yadav v. State of U.P., which outlined that appeals under Section 29 of the D.V. Act should be addressed by the Court of Session before any revision is considered by the High Court.
Additionally, while the court condoned a 12-day delay in filing the revision, it ultimately dismissed the petition, reaffirming the need to follow the designated appeal process. Justice Giri granted the revisionist liberty to pursue the statutory remedy through the appropriate legal forum.
Bottom Line :
Protection of Women from Domestic Violence Act, 2005 - Ex parte final order passed by Gram Nyayalaya granting reliefs under Sections 18, 19, 20 and 22 - Criminal revision before High Court against such order is not maintainable when statutory remedy of appeal is available - Appeal lies to Court of Session under Section 29 of the D.V. Act and Section 33(3) of the Gram Nyayalayas Act, 2008 - Revision dismissed with liberty to avail statutory remedy.
Statutory provision(s): Protection of Women from Domestic Violence Act, 2005 Sections 18, 19, 20, 22, 29; Gram Nyayalayas Act, 2008 Section 33(3); Criminal Procedure Code, 1973 Sections 397, 401
Nilesh Gupta v. State of U.P., (Allahabad) : Law Finder Doc id # 2988053
