Delhi High Court - Orders
Hima vs Govt. Of Nct Delhi & Ors on 27 April, 2023
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1178/2023
HIMA ..... Petitioner
Through: Mr. Abhimanyu Lall, Advocate
(through VC)
versus
GOVT. OF NCT DELHI & ORS. ..... Respondents
Through: Mr. Y.R. Ansari, ASC (Crl) with SI
Kavita, PS Mayur Vihar.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 27.04.2023 CRL.M.A. 11114/2023 (for exemption) Allowed, subject to all just exceptions.
The application stands disposed of.
W.P.(CRL) 1178/2023 By way of the present petition under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure 1973 Cr.P.C. the petitioner/wife seeks a direction to the learned Mahila Court-2, East, Karkardooma Courts, Delhi to expedite the proceedings in case bearing CC No. 2812/2020 titled Hima and Ors. vs. Pavin and Ors.which was filed in July 2020 by the petitioner under section 12 of the Protection of Women from Domestic Violence Act, 2005 ('DV Act').
2. Mr. Abhimanyu Lall, learned counsel for the petitioner submits that section 12(5) of the DV Act mandates that the Magistrate shall Signature Not Verified Digitally Signed By:NEERAJ Signing Date:01.05.2023 W.P.(CRL) 1178/2023 Page 1 of 3 16:08:55 endeavour to dispose-of every application under section 12(1) of the DV Act within a period of 60 days from the date of first hearing. In the present matter, though the complaint was filed on or about 15.06.2020, the learned Magistrate has not yet dealt with the application; and even the ad-interim maintenance directed to be paid vide order dated 04.12.2020 was only done on respondents No. 2's say so, whereby he stated that he was paying Rs. 22,000/- per month towards the school fees of his two children, who are presently living with the petitioner. It is submitted that that is the limited extent to which even ad-interim maintenance has been directed.
3. Counsel submits that as recorded in order dated 27.07.2022, parties went to mediation for their disputes, which however ended as 'not- settled' as recorded in order dated 31.01.2023. Thereafter, respondent No.2 has not been appearing before the learned Magistrate, and bailable warrants have been issued against him returnable 30.05.2023.
4. The short prayer therefore, is that the learned Magistrate be directed to complete the proceedings on the petitioner's application under section 12(1) of the DV Act expeditiously.
5. Mr. Ansari, learned ASC (Crl.) appears on behalf of respondent No. 1 on advance copy; and submits that the State has no role in the matter.
6. Considering the limited nature of the prayer made, it is not considered necessary to issue notice to respondents Nos. 2 to 4.
7. The present petition is accordingly disposed-of at this stage itself, with a request to the learned Magistrate, Mahila Court-2, East, Karkardooma Courts, Delhi to decide the petitioner's application Signature Not Verified Digitally Signed By:NEERAJ Signing Date:01.05.2023 W.P.(CRL) 1178/2023 Page 2 of 3 16:08:55 under section 12(1) DV Act expeditiously, and to dispose it of preferably within 04 months from today.
8. The present petition stands disposed-of in the above terms.
9. Pending applications, if any, also stand disposed-of.
ANUP JAIRAM BHAMBHANI, J APRIL 27, 2023 v Signature Not Verified Digitally Signed By:NEERAJ Signing Date:01.05.2023 W.P.(CRL) 1178/2023 Page 3 of 3 16:08:55