Allowed

Smt Harsha Ahuja v. Sri Dinesh Gopaldas Ahuja

Karnataka HC10 Aug 2021CRL.P/6071/2021

Case brief

AI extract

What is this about?

This criminal petition under Section 482 CrPC sought direction to dispose of pending DV Act proceedings filed by the wife against the husband. The court allowed the petition, directing the trial court to conclude the matter within three months due to undue delay. Note: The subject 'service-and-employment' was erroneously assigned in the input prompt examples but does not fit this domestic violence

What did the court decide?

Directed the trial court to dispose of Crl.Misc.No.105/2018 as early as possible within three months from the date of receipt of this order.

Smt Harsha Ahuja Vs Sri Dinesh Gopaldas Ahuja — Domestic Violence | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF AUGUST, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE K.NATARAJAN

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CRIMINAL PETITION NO.6071 OF 2021

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BETWEEN

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SMT. HARSHA AHUJA AGED ABOUT 49 YEARS, W/O. DINESH GOPALDAS AHUJA, RESIDING AT NO.12/11, YAMUNABAI ROAD, MADHAVNAGAR, OPP: ADARSH ROSE APARTMENTS, KUMARA PARK, BENGALURU – 560 001.

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... PETITIONER

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(BY SRI ANOOP HARNAHALLI, ADVOCATE FOR SRI SRINIVAS RAO S.S., ADVOCATE)

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AND

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SRI DINESH GOPALDAS AHUJA AGED ABOUT 51 YEARS, S/O. LATE GOPALDAS, PRITHVI APARTMENTS, 18^TH FLOOR, FLAT NO.A-2, ALTAMOUNT ROAD, MUMBAI – 400 026.

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PRESENTLY RESIDING AT NO.12/11, YAMUNABAI ROAD, MADHAVNAGAR, OPP: ADARSH ROSE APARTMENTS, KUMARA PARK, BENGALURU – 560 001.

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...RESPONDENT

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO 1. DIRECT THE IV MMTC TO DISPOSE CRIMINAL MISC.

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NO.105/2018 AT THE EARLIEST; 2. DIRECT THE IV MMTC TO DISPOSE THE APPLICATION DATED 06.10.2018 PREFERRED UNDER SECTION 23 READ WITH SECTION 20(D) OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT SEEKING INTERIM MAINTENANCE IN CRIMINAL MISC. NO.105/2018 AT THE EARLIEST; 3. DIRECT THE IV MMTC TO DISPOSE THE APPLICATION DATED 06.10.2018 PREFERRED UNDER SECTION 23 READ WITH SECTION 19 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT SEEKING A DIRECTION NOT TO ALIENATE THE SHARED HOUSEHOLD OF THE PETITIONER AND RESPONDENT IN CRIMINAL MISC. NO.105/2018 AT THE EARLIEST AND 4. DIRECT THE IV M.M.T.C. TO DISPOSE THE APPLICATION DATED 06.10.2018 PREFERRED UNDER SECTION 23 READ WITH SECTION 19 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT SEEKING A DIRECTION TO RESTRAIN THE RESPONDENT AND HIS RELATIVES AND FRIENDS FROM ENTERING THE SHARED HOUSEHOLD OF THE PETITIONER AND RESPONDENT IN CRIMINAL MISC. NO.105/2018. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THROUGH VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Issuance of notice to respondent is dispensed with.

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This petition is filed by the petitioner seeking direction to the trial Court to dispose of the petition filed under Section 23 read with Section 19 of the Protection of Women from Domestic Violence Act, 2005 (for short ‘D.V. Act’) in Crl.Misc.No.105/2018.

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Learned counsel submits that the petitioner

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who is the wife of the respondent has filed the petition under D.V. Act registered in the year 2018. Her evidence was completed on 19.02.2019 itself and thereafter, posted for cross-examination of the petitioner on 22.02.2019. Then the respondent dragged the matter and subsequently, completed the evidence on 16.01.2021 and posted the matter for respondent evidence on 3.2.2021. The respondent has not completed the evidence and dragged the matter even there is no interim maintenance granted by the trial Court. Therefore, prayed for directing the trial Court to dispose of the matter as early as possible.

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Perused the order sheet of the trial Court which reveals that the evidence though commenced 2½ years back, still not competed. The proceedings before the Magistrate under the D.V. Act is summary proceedings as per sub-section (4) of Section 12 of the D.V. Act, the Magistrate shall fix the first date of hearing, which shall

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not ordinarily be beyond three days from the date of receipt of the application by the Court and as per subsection (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.

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As per the learned counsel for the petitioner, the Magistrate has not at all disposed of any of the I.As and the main case itself is pending for long time. Though it is summary proceedings, it requires to be disposed of speedily. Hence, it is necessary to direct the trial Court to dispose of the matter as early as possible.

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Accordingly, criminal petition is allowed .

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The trial Court is directed to dispose of the Crl.Misc.No.105/2018 as early as possible within three months from the date of receipt of the copy of the order.

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Sd/JUDGE

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GBB

Smt Harsha Ahuja v. Sri Dinesh Gopaldas Ahuja

Case brief

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Smt Harsha Ahuja v. Sri Dinesh Gopaldas Ahuja

Case brief

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