Delhi District Court
Smt. Naziya Begum @ Naz Fatima vs Sh. Syed Athar Abbas Naqvi (Husband) on 27 September, 2021
IN THE COURT OF SH.RAMESH KUMAR,
PRINCIPAL DISTRICT & SESSIONS JUDGE,
NORTH EAST, KARKARDOOMA COURTS, DELHI
CA No. 10/21
CIS No. DLNE01-003043-2021
In the matter of:
Smt. Naziya Begum @ Naz Fatima
W/o Sh. Syed Athar Abbas Naqvi
D/o Sh. Naseer Hussain,
R/o H.No.E-116/1, gali no.7,
near Baba Balaknath Mandir
Jagjit Nagar, Ghonda Delhi-110053. ............Appellant
Versus
1.Sh. Syed Athar Abbas Naqvi (husband)
S/o Late Manjar Abbas Naqvi
2. Smt. Shamim Bano (mother in law)
W/o late Manjar Abbas Naqvi
3. Kamar Abbas @ Pappi (jeth)
S/o late Manjar Abbas Naqvi
4. Mohd. Abbas (Devar)
S/o late Manjar Abbas Naqvi
5. Aamir Abbar (Devar)
S/o Late Sh. Manjar Abbas Naqvi
All R/o Mohala Ganj,
Sadat, Shikarpur, District
Bulandshahr, Uttar Pradesh .......Respondents
CR No.10/21 Naziya Begum VS. Syed Athar Abbas Page 1/5
Date of institution of case: 09.09.2021
Date of reserving the case for order: 27.09.2021
Date of passing of order: 27.09.2021
CRIMINAL APPEAL, UNDER SECTION 29 DOMESTIC VIOLENCE
ACT, 2005, FOR SEEKING DIRECTIONS TO THE TRIAL COURT,
TO DECIDE THE INTERIM APPLICATION, FILED IN THE
COMPLAINT UNDER SECTION 12 DOMESTIC VIOLENCE ACT,
2005, CASE NO.1337/2018 ON BEHALF OF THE APPELLANT
JUDGMENT:
1. The present appeal is preferred by Ms Naziya Begum @ Naaz Fatima, (hereinafter referred to as appellant) against the respondents, stating therein, that she filed a complaint under, Section 12 Domestic Violence Act, 2005, on 20.08.2018, in case no.1337/2018, which is still pending before the Court of Ms.Vijayshree Rathore, ld. MM (Mahila Court), NorthEast, Karkardooma Courts and the next date before the ld. Trial Court is fixed for 15.11.2021.
2. It is stated that the family of the appellant had spent around 810 lacs in her marriage, which was more than their financial capacity and other valuables like fridge, washing machine, utensils, were also given in the said marriage. However, respondents were not satisfied by the dowry articles brought by the appellant and taunted her for not bringing sufficient dowry. It is further stated that the family members of respondent no.1 started pressurizing the appellant to bring Rs.3 lacs, which her father, somehow, managed to arrange and the said amount was handed over to the CR No.10/21 Naziya Begum VS. Syed Athar Abbas Page 2/5 respondent no.1. It is further stated that the respondents continued their demands for more dowry and, during the 4 th month of her second pregnancy, she was thrown out of her matrimonial house and her ill treatment continued even after the birth of her child. It is further stated that the appellant was also subjected to physical assault by the respondent no.1, on number of occasions.
3. It is further stated that the complaint, under Section 12 of D.V Act, was filed in August, 2018, but, till date, even after expiry of three years, no interim order, is passed on the said application, despite number of requests being made before the ld. Trial Court for early disposal of the said application. It is further stated that the appellant has no source of income, hence, she is not in a position to meet daily requirements of two minor children besides herself. In view thereof, it is prayed that the ld. Trial Court be directed to decide the interim application, under Section 12 of the Domestic Violence Act,2005, moved by the appellant.
4. I have heard counsel for the appellant and carefully perused the record file and have gone through the material placed on record.
5. It is argued by ld. counsel for the appellant that the period of three years have lapsed, since, the filing of the interim application, under section 12 of the D.V. Act, but the ld. Trial Court, has failed to pass order on the said application. It is further argued by ld. counsel for the appellant that the appellant is facing great difficulty and hardship in meeting her daily requirements e.g food, clothing, educational expenses of minor children, etc., as she is residing at her parental home and her brother is the only earning member in the family, after the demise of her father.
CR No.10/21 Naziya Begum VS. Syed Athar Abbas Page 3/56. Section 12 of the Protection of Women from Domestic Violence Act, 2005 is reproduced as under:
"(2. 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) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the act of domestic violence committed by the respondent: Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.
(3) Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.
(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.
(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.
7. Perusal of Section 12 of the Domestic Violence Act, 2005, shows that there is provision for timely disposal of interim application filed under CR No.10/21 Naziya Begum VS. Syed Athar Abbas Page 4/5 aforesaid section. The interim application was moved before the ld. Trial Court three years back and such a long delay in disposal of aforesaid application must be causing lot of stress and disturbance to the appellant, who also has the responsibility of maintaining her two minor children.
8. In view of the aforesaid discussions and, keeping in view the provision of early disposal of interim application, under section 12 of the D.V Act, the ld. Trial Court is directed to expedite hearing and disposal of appellant's application under Section 12 of D.V Act, preferably within a month from the date of this judgment. With these observations, the appeal stands allowed.
9. Copy of this judgment be sent to the Trial Court for information. Appeal file be consigned to Record Room.
ANNOUNCED IN THE OPEN COURT ON 27th SEPTEMBER, 2021 (RAMESH KUMAR) PRINCIPAL DISTRICT AND SESSIONS JUDGE NORTH EAST DISTRICT KARKARDOOMA COURTS, DELHI CR No.10/21 Naziya Begum VS. Syed Athar Abbas Page 5/5