A Single judge of Patna High Court held as follows,
In my previous order dated 10.04.2019 while calling for a report from the learned Sub-Divisional Judicial Magistrate, Katihar as to why any effective order has not been passed till date despite hearing the case on behalf of the parties on several dates, I had already indicated that the Protection of Women fromDomestic Violence Act, 2005 (for short ‘the Act’) has been enacted by the Parliament to provide more effective protection of the rights of women guaranteed under the Constitution.
Section 12(5) of the Act provides that the Magistrate shall endeavour to dispose of every application made under subsection (1) within a period of sixty days from the date of its firsthearing. Under the circumstances, keeping the matter pending for over two years is wholly unjustified.
In that view of the matter, I direct the learned Sub-Divisional Judicial Magistrate, Katihar to dispose of the complaint in accordance with law as early as possible preferably within six weeks from the date of receipt/production of a copy of the order.
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