A single judge bench of Telangana High Court passed note-worthy guidelines in disposing Domestic Violence cases.

From Paras 6 and 7,

6. The Protection of Women from Domestic Violence Act, 2005 is a legislation enacted to shield the rights of women which are enshrined and guaranteed under the Constitution of India, besides paving way to deal with the matters connected to and arising out of the family disputes in an effective and efficacious manner.
7. When the provisions contained in the said legislation i.e., The Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the Act of 2005”, for brevity) are looked into, it is very clear that the proceedings that would be conducted are more civil in nature. The protection orders that would be granted under Section 18, the residence orders that would be granted under Section 19, the monetary reliefs that would be granted under Section 20, the custody orders that would be granted under Section 21 and the compensation orders that would be granted under Section 22, would be based on the applications that would be filed by the aggrieved persons, the domestic incident reports and the defence taken by the respondents therein. All those proceedings are civil in nature. No doubt, Section 28 (1) of the Act of 2005 lays down that the proceedings shall be governed by the provisions of Code of Criminal Procedure. However, it is specifically mentioned under Section 28(2) of the Act of 2005 that the Court is empowered to lay down its own procedure for disposal of the applications filed by the aggrieved persons or the Protection Officers. May be due to the fact that the power to deal with the domestic violence cases is given to the Magistrate, the litigant public are under the impression that the proceedings initiated under the Act of 2005 are purely criminal in nature.

Guidelines passed in Paras 12 and 13,

12. It is brought to the notice of this Court by the learned Assistant Public Prosecutor that number of Criminal Petitions are filed before the High Court seeking to quash the proceedings in domestic violence cases, only because the trial Courts are insisting the physical attendance of the respondents in those cases for each and every adjournment.
13. Therefore, before parting with the case, this Court considers it desirable to lay down certain guidelines for the Courts of Judicial Magistrate of First Class, which are empowered to deal with the domestic violence cases, to follow so that the parties would not rush to the High Court.
(1)The Courts of Judicial Magistrate of First Class which are dealing with the cases filed seeking various kinds of reliefs as laid down under Sections 18 to 22 of the Protection of Women from Domestic Violence Act, 2005 should take note of the fact that the proceedings therein are more civil in nature.
(2)When the aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person presents an application seeking one or more reliefs that are enshrined under Sections 18 to 22 of the Protection of Women from Domestic Violence Act, 2005, upon service of notice as required under Section 13 of the said Act and upon making appearance by the opposite party i.e., respondents therein either in person or through their counsel, the Court shall not insist for their personal appearance for each and every adjournment.
(3)The Courts dealing with the cases under the Protection of Women from Domestic Violence Act, 2005 shall not even insist for filing an application under Section 317 Cr.P.C.
(4)The persons against whom the applications are filed seeking relief in domestic violence cases i.e., the respondents, however, shall appear in person if a specific direction is given for their personal appearance by the Court during the course of proceedings.
(5)The points enumerated above does not however apply during the course of proceedings that are conducted under Section 31 of the Protection of Women from Domestic Violence Act, 2005.
(6) Last but most important is that the Courts of Judicial Magistrate of First Class which are empowered to deal with the matters under the Protection of Women from Domestic Violence Act, 2005 shall make all endeavour to dispose of the applications filed for grant of various reliefs that are provided under Sections 18 to 22 of the Protection of Women from Domestic Violence Act, 2005 within a period of sixty (60) days from the date of first hearing, as required under Section 12(5) of the said Act.

P Parvathi Vs Pathloth Mangamma on 7 Jul 2022

Connects to a PIL here.

Legislature set a time limit of 60 days for a Domestic Violence case to be disposed as prescribed under sec 12(5) of Protection of Women from Domestic Violence Act, 2005. Here are the Rules made under this Act. But the ground reality is totally different. And I decided to address this issue. Head-on.

NOTE: Since too much thought was going into decide if this matter has to dealt as a WP or a WP(PIL), I decided to do BOTH. First a WP/CrlP, for my individual case and then a WP(PIL) for public benefit.

RESULTS:

Won the individual battle here…
Won the PIL battle too despite it getting dismissed by the Honourables. Read further down this page.

Go here for other cases I dealt with personally…

Law in question (as it stands today):

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.

Support/Inspiration from some High Courts:

Andhra Pradesh High Court: https://www.shadesofknife.in/naresh-kumar-yalla-vs-state-of-telangana-on-21-jul-2022/
Karnataka High Court: https://www.shadesofknife.in/rajamma-h-vs-thimmaiah-v-on-09-jun-2022/
Telangana High Court: https://www.shadesofknife.in/p-parvathi-vs-pathloth-mangamma-on-7-jul-2022/ [Guidelines passed]
To-do: Find more useful judgments
To-do: Contact Chairpersons of State Women Commissions of various States and ask for timely implementation of DV Act.
To-do: Find oldest ‘pending’ DVC cases in each of the 13 districts of AP, to emphasize the traversity.

Current Status in AP:

Action Taken:

Filed RTI to all 13 District Judge Court Complexes in Andhra Pradesh seeking number of cases closed within 60 working days as prescribed u/s 12(5). If no cases disposed off in 3 years, strike down Sec 12(5) from the Act.

On 2022-06-28:

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

how many DV cases were filed in 2019, 2020 and 2021 in their jurisdictional district,
how may were disposed in 2019, 2020 and 2021 in their jurisdictional district, and
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.

As expected the DV cases closed within statutory 60 days is abysmally low.

Parties:

Petitioner-in-person: Sandeep Pamarati
Respondents: From High Court of Andhra Pradesh, Union of India and State of Andhra Pradesh

1. High Court of Andhra Pradesh, Represented by the Registrar General
  AP High Court Buildings,
  Nelapadu, Amaravathi,
  Guntur District, Andhra Pradesh
  PIN: 522202
2. Union of India, Represented by its Secretary,
  Ministry of Law and Justice, Dept. of Legal Affairs,
  A Wing, 4th Floor, Shastri Bhawan,
  Dr. Rajendra Prasad Road, New Delhi, 110001
3. Union of India, Represented by its Secretary,
  Ministry of Parliamentary Affairs
  Shastri Bhawan, Dr. Rajendra Prasad Road,
  New Delhi, 110001
4. Union of India, Represented by its Secretary,
  Ministry of Women and Child Development
  Shastri Bhawan, Dr. Rajendra Prasad Road,
  New Delhi, 110001
5. Union of India, Represented by its Secretary,
  Ministry of Social Justice and Empowerment
  Shastri Bhawan, Dr. Rajendra Prasad Road,
  New Delhi, 110001
6. State of Andhra Pradesh, Rep. by its Principal Secretary,
  Home Department, AP Secretariat,
  Velagapudi, Amaravathi, Guntur District, 522503
7. State of Andhra Pradesh, Rep. by Secretary to Government,
  Law (Legislative Affairs and Justice) Department, AP Secretariat,
  Velagapudi, Amaravathi, Guntur District, 522503
8. State of Andhra Pradesh, Rep. by its Principal Secretary,
  Department of Women Development & Child Welfare
  Office of Special Commissioner, 4th Floor Jampani Towers,
  Lodge Centre, Amaravathi Road, Guntur-522006
9. National Commission for Women, Rep by Chairperson
  Plot No 21, FC33, Institutional Area,
  Jasola, New Delhi, Delhi 110025
10. Andhra Pradesh State Commission for Women, Rep by Chairperson
  Flat No. 506, 4th Floor, MGM Capital Building, Dr. YSR Arogya Sri Complex,
  Chinakakani, Mangalagiri, Guntur. Pin : 522503
11. National Judicial Academy, Rep by The Director,
  Bhadbhada Road, Suraj Nagar PO,
  Bhopal, Madhya Pradesh 462044
12. A.P. Judicial Academy, Rep by The Director,
  Gandhi Nagar, Nehru Nagar Colony, West Marredpally,
  Secunderabad, Telangana 500026
13. Law Commission of India, Rep by The Member Secretary,
  Lok Nayak Bhavan, ‘B’ Wing, 2nd & 4th Floor,
  Khan Market, New Delhi -110003
14. Bar Council of India, Rep by the Secretary,
  21, Rouse Avenue, Institutional Area,
  New Delhi Pin Code – 110002
15. Bar Council of Andhra Pradesh, Rep by The Secretary
  Ground Floor, A.P. High Court Building,
  Nelapadu, Amaravati, Guntur, Andhra Pradesh
  PIN: 522 239

Remedy:

File a writ u/Act 226 read with Art 227 seeking direction from High Court of AP to all the Trial Courts in the State which deal with Domestic Violence cases, to mandatorily invoke the time limit of 60 days to dispose of a DV case, as prescribed under sec 12(5), whenever an application for interim reliefs, under sec 23(1), was prayed/sought for also in the spirit of Sec 309 CrPC.

Dilemma: To file WP or WP(PIL)? Why not, both?

Drafting: WP Done in the form of CrlP r/w Art 226 and 227 here. WP(PIL) is pending (u/Art 226 and 227)

Reliefs:

Call for records for the DV cases are disposed in 60 days from Srikakulam, Visakhapatnam, Guntur, Chittoor, West Godavari, Kadapa, Krishna Districts as they did not give data to RTI applications.
Acknowledge the total failure of the implementation of Statutory Compliance of Sec 12(5) of PWDV Act.
Appoint an amicus/LCI to study reasons for this failure in State of AP.
Direct all District Unit Heads to ensure the DV cases are disposed in 60 days (To tackle such scenarios, you can use the Supreme Court judgment to force the Trial judge to come up with case calendar for the entire case, which is available here)
Setup a periodic monitoring mechanism to report the delays in DV case disposal publicly on AP High Court website.

Supporting Case laws:

Mewa Singh and others Vs Sukhjeet Kaur on 29 April 2013 (PHHC: appearance of respondents disposed off)
Ayishabi Vs Shahul Hameed on 16 July, 2014 (KerHC: Dispose within 3 months)
Kuppusamy Vs Radhika on 21 July, 2017 (MadHC: Dispose DVC in 2 months)
Sushila Devi Vs Vikas Kumar Singhal And Ors on 9 Feb 2018 (RajHC: Dispose within 2 months)
Tillottama Kumari Vs State of Bihar and Ors on 16 May 2019 (PatHC: Dispose DVC in 6 weeks)
Maya and Ors Vs State of U.P. and Ors on 19 Mar 2021 (AllHC: Dispose DVC in 2 months)
Suyalaly and Anr Vs Alphin Jeyasingh and Ors on 29 Nov 2021 (MadHC: Dispose within 2 months)
Vani Santhosh Babu Vs Vijaya Laxmi Vani on 3 Mar 2022 (TelHC: Dispose in 60 days)
Rajamma H Vs Thimmaiah V on 09 Jun 2022 (KarHC: Dispose DVC within 2 weeks)
Mrugesh Wasnik Vs Shweta Mrugesh on 22 Jun 2022 (BomHC: Dispose DVC within 3 months)
P Parvathi Vs Pathloth Mangamma on 7 Jul 2022 (TelHC: Directions issued regd appearance of respondents)
Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022 (TelHC: Dispose DVC in 1 month)
Sandeep Pamarati Vs State of AP and Anr on 29 Sep 2022 (APHC: Disposal of DVC in 60 days/3 months (around 20 working days in a month); my first win AP HC!)

Writ Public Interest Petition:

Filed this PIL [WP(PIL)/182/2022] in Oct 2022 but got listed on 14 Nov 2022 before Court-1 of AP HC. Prepared well to argue the matter and hoped to get notices issued to 15 respondents on the petition. But the ;category (For Orders of Court) under which this cases was listed’ and ‘no final WP number given’ made it clear to me that this will be dismissed.

Case status:

I went to podium and began with intro as PIP and then informed there is no personal interest in this PIL and how. That’s all… It was dismissed as not maintainable. Not sure what legal reasons were mentioned in the dismissal order. CJ said, tomorrow I will come with a petition to early dispose another kind of case type. I don’t think this is a legal reason.

Here is the Writ Petition Copy:

2022-10-11 WP(PIL) against APHC and 14 Ors v0.1

Here is the dismissal order.

Sandeep Pamarati Vs High Court of AP and 14 Ors on 14 Nov 2022

Interesting update…

Just after a week from date of the dismissal of my WP-PIL, the following Circular gets issued by AP HC in Nov 2022. Interesting, because earlier circular, issued in Oct 2022, did NOT have a deadline!!! Seems my now-dismissed-PIL is working it’s magic.

2022-Oct-20 Circular:

2022-10-20 CIR_ROC559-20.10.22 Directions for endeavoring to enhance the disposals

…. and then…

2022-Nov-23 Circular:

OPCELL-ROC560-23.11.22

—

The following is the circular forwarded to Anantapur District Judiciary.

2022-11-23 Clearance of Old Cases (ALL those cases instituted prior to 2018)

I AM HAPPY AND SMILING.

MASTER LIST here.

Shades of Knife

True Colors of a Vile Wife

Tag: 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

P Parvathi Vs Pathloth Mangamma on 7 Jul 2022

Do you know that there is time limit of 60 days to dispose of a Domestic Violence case in India under sec 12(5) of PWDV Act?

I AM HAPPY AND SMILING.