Karnataka High Court
Smt Sahana Mallapur vs Shri Naveen B K on 21 October, 2022
Author: K.Natarajan
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.10313 OF 2022
BETWEEN
1. SMT SAHANA MALLAPUR
W/O NAVEEN B K
D/O SHANKRAPPA MALLAPUR
AGED 31 YEARS
2. SHRI ROHAN B K
S/O NAVEEN B K
AGED 7 YEARS, MINOR AND REPRESENTED BY
HIS MOTHER AND NATURAL GUARDIAN
SMT SAHANA MALLAPUR I.E., PETITIONER NO.1
BOTH ARE RESIDING AT NO.57/158
RAGHAVENDRA MATT ROAD
RAJESHWARI NAGAR
LAGGERE
PEENYA POST
BENGALURU-560058.
... PETITIONERS
(BY SRI HITESH GOWDA B J, ADVOCATE)
AND
SHRI NAVEEN B K
S/O MANJUNATH B K
AGED ABOUT 36 YEARS
2
RESIDING AT NO.99
SILICON SUNCITY LAYOUT
HELALIGE VILLAGE
ATTIBELE HOBLI
ANEKAL TALUK
BANGALORE RURAL DISTRICT-560099.
WORKING AT -
SYNGENE INTERNATIONAL LTD.,
PLOT NO.2 AND 3, JIGANI ROAD,
BENGALURU
... RESPONDENT
(NOTICE TO RESPONDENT DISPENSED WITH)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
a) DIRECT THE HONOURABLE COURT OF M.M.T.C. - III
COURT, BENGALURU TO DISPOSE THE INTERIM
APPLICATIONS DATED 03.03.2021 FILED BY THE
PETITIONERS IN CRL.MISC.NO.23/2021 AS
EXPEDITIOUSLY AS POSSIBLE WITH AN OUTER LIMIT OF
ONE MONTHS FROM THE DATE OF THIS ORDER. b)
DIRECT THE RESPONDENT NOT TO PROTRACT THE
PROCEEDINGS OF THE SAID CASE AND CO-OPERATE
BEFORE THE TRIAL COURT IN DISPOSING THE PETITION
IN A QUICK AND SPEEDY MANNER IN
CRL.MISC.NO.23/2021.
3
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by the petitioner Nos.1 and 2 seeking direction to the MMTC - III for disposing the interim application filed by the petitioner under section 12 of the Protection of Women from Domestic Violence Act, 2005 on 03.03.2021 in Crl.Misc.No.23/2021 as expeditiously as possible within the limit of one month.
2. Looking to the facts of the case issuing notice to respondent is dispensed with.
3. The case of the petitioners is that the petitioners have filed petition under section 12 of the DV Act seeking various relief apart from interim maintenance while filing interim application on 03.03.2021. The trial court, without passing any interim order granting maintenance, went on postponing the case without any reason and the 4 respondent also appeared but interim application was not disposed. The learned counsel submits in spite of 23 times adjournments and lapse of 19 months, no order has been for passed. Even as per section 29 of Protection of women from Domestic Violence Act when the appeal is filed by the parties it has to be disposed of within one month from the date of serving notice, such being the case when there is a power granted to the Magistrate under section 23 of Protection of women from Domestic Violence Act for granting an exparte interim maintenance, based upon the affidavit, but the learned Magistrate has not passed any order for more than 19 months and 23 adjournments of hearing but it is nothing but depriving of right of the woman for getting interim maintenance for livelihood and depriving right for compensation or maintenance for wife and children. Such being the case, it is necessary for issuing direction to the Magistrate for disposal of the application by prescribing sometime.
5
Accordingly, this petition is allowed. The learned Magistrate MMTC III is directed to dispose the application filed by the petitioners on 03.03.2021 within one month from the date of receipt of the copy of this order. However, regarding 2nd relief for giving direction to the respondent cannot be given.
Sd/-
JUDGE AKV