Why Domestic Violation Application of Sec 12 not disposed of in 60 days?
22/06/2022
It is astonishing to note that requirement of law pertaining to Domestic Violence Act particularly application under Sec.12 must be decided within 60 days but normally it is not taken care of why? In some cases many years or many months the application U/S 12 of Domestic Violence not decided. It is million dollars question why? High Court must take note on Administrative side. Why no accountability of the Magistrate? In one of recent such case the Karnataka High Court directed to decide the application in 2 weeks. The command issued to the magistrate the full text of Judgment reads…"
The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to the Metropolitan Magistrate Traffic Court-III, Bangalore to dispose of the interlocutory/main application filed under the Protection of Women from Domestic Violence Act 2005 ('the Act' for short) in Criminal Miscellaneous No. 120 of 2021 in an outer limit of three months.
2. Heard Sri K. Raghavendra Gowda, learned counsel for the petitioner.
3. The petitioner files application invoking Section 12 of the Act on several allegations. The allegation made in the application is not the issue before this Court. Along with the application the petitioner also filed an interlocutory application seeking maintenance in her favour. The said application was filed on 12-11-2021 along with the main application. Notice is issued in the case on 20-12-2021 after which, the order sheet reveals that there has been no consideration of the application filed by the petitioner seeking maintenance
4. The learned counsel for the petitioner would submit that every application accompanying the main application should be decided by the learned Magistrate within three months from the date of its presentation in terms of Section 12 of the Act. Since there is no compliance with the provision, the petitioner has presented the present petition seeking a direction for expeditious disposal of the interlocutory application by the learned Magistrate.
5. The application is filed admittedly invoking Section 12 of the Act. Sub-section (5) of Section 12 of the Act reads as follows:
"12. Application to Magistrate.-......
(5) The Magistrate shall Endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing."
Sub-section (5) mandates that every application filed under the Act shall be disposed of by the Court within six months from the date of its presentation. The order sheet reveals that the application was filed on 12-11-2021 seeking maintenance. Six months have passed by. The order sheet does not demonstrate any consideration of the application. Therefore, the petitioner is entitled to a mandamus at the hands of this Court or a directiona to the learned Magistrate to dispose of the application for maintenance expeditiously.
6. For the aforesaid reasons, the writ petition is allowed and the Metropolitan Magistrate Traffic Court-III at Bangalore is directed to dispose of the application filed by the petitioner, along with Criminal Miscellaneous No.120 of 2021 seeking maintenance, within a period of two weeks from the date of receipt of a copy of this order.
(Writer is a practicing Advocate and former President J&K Bar Association Jammu)
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