Ten News Network
New Delhi (19/06/2022): Recently, the Karnataka High Court ruled that an application u.s 12 of the Protection of Women from Domestic Violence Act of 2005 (the Act), should be decided by the Magistrate within sixty days from the date of presentation of the said application.
In this case, the petitioner moved the High Court seeking a direction that the IA/Main application filed under the Act should be disposed of within 3 months.
The petitioner also filed an application seeking maintenance on November 11, 2021.
The notice in that application was issued on December 20 2021 but after that, there was no consideration of the application. Before the court, the petitioner’s counsel Raghavendra Gowda K submitted that all applications filed with the main application should be decided by the Magistrate within 3 months as per Section 12 of the Act.
As the provisions of Section 12 were not followed, the petitioner had to move to the High court, added the petitioner’s counsel,
The court referred to Section 12 sub-section where it is stated that a Magistrate should endeavor to dispose of all applications made under subsection 1 within 60 days from the date of the first hearing.
The court also noticed that six months have passed since the filing of the application seeking maintenance but it has not been considered.
Therefore, the court allowed the petition and directed the Magistrate to dispose of the petitioner’s application within two weeks.
By Dr. Ajay Kummar Pandey Advocate Supreme Court of India
#domestic violence
#karnataka high court
