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Tag: PWDV Act Sec 12(5) – Dispose In 60 Days

PIL – Implement the Statutory Time limit of 60 days to Dispose of a Domestic Violence case as prescribed under Sec 12(5) of the Act

Posted on June 30 by ShadesOfKnife

I have been contemplating to file a petition in a high court on this subject from some time now…

Inspiration from Kar HC:

Rajamma H Vs Thimmaiah V on 09 Jun 2022


Law involved:

12. Application to Magistrate.—
(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:
Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.
(2) xxxxx
(3) xxxxx
(4) xxxxx
(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.

 


2022-06-28:

Sent Reg Posts to all 13 District Judge Courts in AP, asking for information on

  1. how many DV cases were filed in 2019, 2020 and 2021 in their jurisdictional district,
  2. how may were disposed in 2019, 2020 and 2021 in their jurisdictional district, and
  3. how many were disposed within 60 days, in 2019, 2020 and 2021 in their jurisdictional district.

They have 30 days time to reply to me. Will file the PIL in August.


Writ Public Interest Petition:

 

 


MASTER LIST here.

Posted in Judicial Activism (for Public Benefit) | Tagged PIL - Implement the Statutory Time limit of 60 days to Dispose of a Domestic Violence case as prescribed under Sec 12(5) of the Act PWDV Act Sec 12(5) - Dispose In 60 Days | Leave a comment

Rajamma H Vs Thimmaiah V on 09 Jun 2022

Posted on June 24 by ShadesOfKnife

A single judge of Karnataka High Court upheld the law the way it is.

From Para 5,

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 direction to the learned Magistrate to dispose of the application for maintenance expeditiously.

Rajamma H Vs Thimmaiah V on 09 Jun 2022
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision PWDV Act Sec 12(5) - Dispose In 60 Days Rajamma H Vs Thimmaiah V | Leave a comment

Jaspreet Singh Vs Gurleen Kaur on 06 January, 2020

Posted on January 11, 2020 by ShadesOfKnife

Similar to Kusum Sharma judgment here, Punjab and Haryana High Court also directed all Courts in the twin States and the Union territory of Chandigarh to insist upon affidavit regards the assets, incomes and expenditure of the parties to a matrimonial litigation.

Jaspreet Singh Vs Gurleen Kaur on 06 January, 2020

Citations:

Indiankanoon.org or Casemine link:

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged HM Act 24 - Affidavit for Disposal in 60 Days Insist On Income and Assets Affidavit In Matrimonial Cases Jaspreet Singh Vs Gurleen Kaur Landmark Case Legal Procedure Explained - Interpretation of Statutes PWDV Act Sec 12(5) - Dispose In 60 Days

K.Niranjani Vs R.T.Dinesh on 25 June, 2012

Posted on November 7, 2018 by ShadesOfKnife

The Metropolitan Magistrate had dismissed the DVC due to absence of the complainant on 1 date and acquitted the husband under 256 CrPC with this reasoning.

From Para 7,

Admittedly, on 19.10.2010, due to non-appearance of the complainant/appellant herein, complaint was dismissed and the accused were acquitted, against the same only, the present appeal has been preferred. While perusing the order, the learned XV Metropolitan Magistrate has specifically mentioned as follows:
“Complainant absent. No representation. Respondent 1 present. Respondents 2 & 3 are absent. Petition u/s 317 Cr.P.C. filed allowed. Direction issued by the Fast Track Court to dispose within the stipulated time. Even after specific direction to appear & proceed with the case complainant is absent. No representation. Hence complaint is dismissed. Accused are acquitted.

The Hon’ble High Court of Madras has set aside the acquittal order with this reasoning picked from Hon’ble Supreme Court judgment from 2004. There is a later judgment from Hon’ble Supreme Court in 2008 on same subject here.

From Para 8,

At this juncture, it is appropriate to consider the decision relied upon by the learned counsel for the appellant reported in 2004 (1) CTC 689 (R.Sekar v. S.Rajendran) in para-4, it reads as follows:
“4.The Supreme Court in the case in Associated Cement Co. Ltd. Vs. Keshjvanand 1998 Crl.L.R. 856 has held as follows:
“Two constraints are imposed on the Court for exercising the power under section 256. First is, if the Court thinks that in a situation it is proper to adjourn the hearing, then the Magistrate shall not acquit the accused. Second is, when the Magistrate considers that personal attendance of the complainant is not necessary on that day, the Magistrate has the power to dispense with his attendance and proceed with the case. When the Court notices that the complainant is absent on a particular day, the Court must consider whether personal attendance of the complainant is essential on that day for the progress of the case and also whether the situation does not justify the case being adjourned to another date due to any other reason. If the situation does not justify the case being adjourned the Court is free to dismiss the complaint and acquit the accused. But if the presence of the complainant on that date was quite unnecessary, then resorting to the step of axing down the complaint may not be proper exercise of power envisaged in the Section. The discretion must, therefore, be exercised judicially and fairly without impairing the cause of administration of criminal justice.“

K.Niranjani Vs R.T.Dinesh on 25 June, 2012

[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]

Posted in High Court of Madras Judgment or Order or Notification | Tagged CrPC 256 - Non Appearance Or Death Of Complainant K.Niranjani Vs R.T.Dinesh PWDV Act - Acquittal Order Set Aside PWDV Act Sec 12(5) - Dispose In 60 Days | Leave a comment

Kolli Babi Sarojini And Others Vs Kolli Jayalaxmi And Another on 29 April, 2014

Posted on September 18, 2018 by ShadesOfKnife

A knife like complainant who by her adulterous life caused mental agony and family disorder both for husband and children was shown the door by the hon’ble High Court of Andhra Pradesh in this Criminal Revision on a DV Case which was allowed.

The knife was living in adultery and neglected/left the children and ultimately wanted property of the brother of husband and custody of major and married children!!

Highlight

As per the provisions of the Act, the proceedings have to be held in camera and to be tried summarily. According to the provisions of the Act, time fixed is 60 days for disposal from the date of the first hearing. This Act is to provide speedy remedy for deserving aggrieved person and for that reason, a summary enquiry is contemplated

Kolli Babi Sarojini And Others Vs Kolli Jayalaxmi And Another on 29 April, 2014

Citation: [2015 ALL M.R. (Cri.) Journal 178]

Indiankanoon.org link: https://indiankanoon.org/doc/112132700/


The index page is here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Kolli Babi Sarojini And Others Vs Kolli Jayalaxmi And Another PWDV Act Sec 12(5) - Dispose In 60 Days | Leave a comment

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