A Single judge of Kerala High Court held as follows,
From Para 5,
Ayishabi Vs Shahul Hameed on 16 July, 2014
5. It is an admitted fact that, the petitioner filed M.C.155/2013 before the Judicial First Class Magistrate Court, Malappuram, under Section 12 of the Protection of Women from Domestic Violence Act (hereinafter called the Act), claiming reliefs under Section 18, 19 and 20 of that Act against respondents 1 to 3. It is also mentioned in the petition that, the petitioner also filed Crl.M.P.10228/2013 for interim relief, but that was also adjourned along with main case is the grievance of the petitioner. It is seen from the report that, respondents 1 to 3 appeared and they filed counter also and the matter was referred for mediation and according to the magistrate the mediation report in the case is awaited. But the counsel for the petitioner submitted that, the mediation failed and it is ripe for trial now. It is true that under Section 12(5) of the Act, it is stated that, the magistrate shall take all earnest endeavour to dispose of the case within sixty days of first hearing of the case. But unfortunately, such a mandate could not be fulfilled by the court on account of large pendency of cases before each court. But that cannot be a ground for adjourning the case indefinitely, when the statute mandates for early summary disposal of certain types of cases, which requires urgent attention of the court. Further, even if the court feels that, disposal of the main case will take some time on account of the large pendency of cases before that court, it should have made some attempt to dispose of the interim application filed in that case under Section 23 of the Act, as it is intended to provide interim protection for the aggrieved persons, against any alleged domestic violence in the shared house hold. So under the circumstances, this court feels that, the petition can be disposed of as follows:
The learned magistrate is directed to dispose of M.C.155/2013 pending before that court, as expeditiously as possible at any rate, within three months from the date of receipt of this order.
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