The Karnataka High Court allowed a Petition seeking direction to Metropolitan Magistrate Traffic Court-III, Bangalore to dispose of the interlocutory/main application filed under the Protection of Women from Domestic Violence Act, 2005 in Criminal case in an outer limit of three months.
The petitioner files an application invoking Section 12 of the Act on several allegations. The allegation made in the application is not the issue before the High 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.
The Counsel for the petitioner submitted that every application accompanying the main application should be decided by the 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 Magistrate.
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 direction to the learned Magistrate to dispose of the application for maintenance expeditiously.
While considering the Petition , a Single Bench of Justice M. Nagaprasanna observed 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.
It is noted by the Court from the order sheet 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 direction to the learned Magistrate to dispose of the application for maintenance expeditiously”, held the Court while allowing the Petition.