Facts
The revisionist challenged an ex parte order dated 19 May 2026 of the Judicial Officer, Gram Nyayalaya, Tehsil Chauri Chaura, Gorakhpur, in a proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
Source reference: pp. 1–2, paras. 5–6The order granted the aggrieved person protection and residence relief, monthly maintenance of ₹4,000 from the date of the application, and lump-sum compensation of ₹25,000.
Source reference: pp. 1–2, paras. 5–6The revision was filed 12 days out of time; the High Court found sufficient cause and condoned the delay.
Source reference: p. 1, paras. 1–3The revisionist then sought to have the ex parte order set aside, but the State submitted that an appeal lay to the Court of Session.
Source reference: pp. 2–3, paras. 7–8Issues
1. Whether a criminal revision in the High Court was the proper remedy against the Gram Nyayalaya’s ex parte order granting relief under the Domestic Violence Act, or whether the revisionist was required to appeal to the Court of Session.
Source reference: pp. 2–5, paras. 7–10Law Applied
Section 29 of the Protection of Women from Domestic Violence Act, 2005 provides an appeal to the Court of Session against an order made by a Magistrate, within 30 days of service of the order.
Source reference: p. 3, para. 8Section 33(3) of the Gram Nyayalayas Act, 2008 provides an appeal to the Court of Session from other judgments, sentences, or orders of a Gram Nyayalaya, subject to the exclusions in subsection (2).
Source reference: pp. 3–4, para. 8In Dinesh Kumar Yadav v. State of U.P. and another, (2016) 11 ADJ 29, a Larger Bench held that an appeal under Section 29 lies to the Court of Session and that the ordinary CrPC remedies may be available against the Sessions Court’s appellate order.
Source reference: pp. 4–5, para. 9Reasoning
The impugned order was made by a Gram Nyayalaya in a Domestic Violence Act proceeding.
Source reference: pp. 3–5, paras. 8–10The Court held that the statutory appeal provisions supplied the appropriate remedy: Section 29 of the Domestic Violence Act provides for an appeal against the Magistrate’s order, while Section 33(3) of the Gram Nyayalayas Act provides an appeal against a Gram Nyayalaya order to the Court of Session.
Source reference: pp. 3–5, paras. 8–10Accordingly, the revisionist could not obtain the requested relief through the revision and was left to pursue the statutory remedy before the appropriate forum.
Source reference: p. 5, paras. 10–11Holding
The Court allowed the application to condone the 12-day delay but dismissed the criminal revision, without deciding the merits of the ex parte order.
It left open the revisionist’s right to pursue the statutory remedy before the appropriate forum.
Source reference: p. 5, paras. 10–11Acts & Sections Cited
16 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.
Protection of Women from Domestic Violence Act, 20058
Gram Nyayalayas Act, 20081
Code of Criminal Procedure, 19737
Original Court PDF
Nilesh GuptavsState Of U.P. And 6 Others
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