The High Court of Karnataka disposed of a writ petition seeking direction to the Trial Court to expedite proceedings under the Protection of Women from Domestic Violence Act within six months, noting delays and service of notice issues.
Direction to the learned Magistrate to dispose of the matter within six months from the date of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
WRIT PETITION No.6512/2020 (GM-RES)
BETWEEN:
SMT. S.G. MEGHANA, W/O AMITH TELKAR, D/O S.V. GANESH RAO SULAKE, AGED ABOUT 31 YEARS, R/AT AISHWARYA NILAYA, 4TH CROSS, KASTHURI BHA ROAD, GANDHI NAGAR, TUMAKURU-572102. … PETITIONER (BY SRI YOGESH G., ADVOCATE FOR SRI MOHAN KUMAR D., ADVOCATE)
AND:
ALSO RESIDING AT: PLAT NO.10/A, “ANANDA”, NEARBY SHANTHI NAGAR CHURCH, BENGERI KESHWAPUR, HUBLI-580023.
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BOTH RESPONDENT NOS.2 AND 3 ARE R/AT “ANANDA” PLOT NO.10/A, NEARBY SHANTI NAGAR CHURCH, BENGERI KESHWAPUR, HUBLI-580023. … RESPONDENTS
(NOTICE TO R-1 TO R-3 IS HELD SUFFICIENT VIDE ORDER DATED 16.02.2021)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO DIRECT THE TRIAL COURT TO EXPEDITE THE MATTER IN CRL.MISC.NO.7/2019 (ANNEXURE-A) PENDING ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC AT TUMAKURU WITHIN THE OUTER LIMITS OF 6 MONTHS.
THIS WRIT PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This writ petition is filed under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying this Court to issue a writ of mandamus directing the Trial Court to expedite the matter in Criminal Misc.No.7/2019 pending on the file of the III Additional Civil Judge and JMFC, Tumkuru, within an outer limit of six months.
her behalf and on behalf of her daughter and there was a delay
in considering the matter even though respondent Nos.2 and 3
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have entered appearance on 26.07.2019. The respondent No.1 is avoiding the notice of the Trial Court with malafide intention in order to escape from paying the maintenance. The learned Magistrate passed an interim order in favour of the petitioner and her daughter.
the petition is pending from 2019 and now we are in 2021 and the petition is filed under the Protection of Women from Domestic Violence Act and hence it is appropriate to direct the learned Magistrate to dispose of the matter within six months from today.
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Sd/JUDGE
MD
2 issues framed by the court
Whether to direct the Trial Court to expedite a pending Protection of Women from Domestic Violence Act matter within six months.
Whether service of notice effected is sufficient despite respondents choosing not to appear.
2 provisions across 2 enactments
Smt. S.G. Meghana
Sri Amith Telkar
Sri Venkatesh Telkar
Smt. Lakshmi
H.P. Sanderish
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
