The Karnataka HC in the present writ petition observed that application under sub-section 5 of section 12 of Domestic Violence Act, 2005 shall be disposed of within sixty days (60 days) from the day of first hearing. A writ of mandamus is filed by the petitioner praying to direct the magistrate to dispose of the application seeking maintenance. Subsequently, HC allowed the petition.
Facts
Smt. Rajamma H (Petitioner) files application invoking Section 12 of the Domestic Violence Act 2005, on several allegations. Along with the application the petitioner also filed an interlocutory application seeking maintenance in her favour. Subsequently court issued a Notice in the case after which, the order sheet reveals that there has been no consideration of the application filed by the petitioner seeking maintenance.
Aggrieved by the Same, The petitioner filed a writ petition under Article 226 & 227 of the constitution of India read with section 482 of CR.P.C, the petitioner before the Court seeking a direction by issuance of a writ in the nature of mandamus to the Metropolitan Magistrate 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.
Contention Made
Petitioner: 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.
Court Observation
The bench referred to the Sub-section (5) of Section 12 of the Domestic Violence Act 2005.
“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.”
The bench noted that in the current case, the order sheet shows that 6 months have passed since the application for maintenance was filed. However, the order sheet shows that the Learned Magistrate did not consider such an application.
Judgment
The bench held that 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.
Hence, the bench issued writ of mandamus in favor of petitioner and directed the magistrate to dispose of the application seeking maintenance within two weeks.
Case: Rajamma H vs Thimmaiah H
Citation: W.P. No. 11265 of 2022.
Bench: Justice M.Nagaprasanna
Decided on: 9th June, 22
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