IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN SUNDAY, THE22D DAY OF JUNE20141ST ASHADHA, 1936 OP(Crl.).No. 83 of 2014 (Q) ---------------------------- MC62010 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I MUVATUPUZHA -------- PETITIONER/PETITIONER: ------------------------------------- JUBAIRIYA, AGED29YEARS, D/O.HYDROSE KUNJU, R/A.VALIYATHARAYIL VADAKUMTHALA KIZHAKKU P O, KARUNAGAPPALLY BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENTS/RESPONDENTS: ---------------------------------------------------- 1. SIRAJ S/O.KAYAKUTTY, NOW RESIDING AT ALLOOMUTTIL, VADAKKUMTHALA VILLAGE, CHAMBAKADAVU KARAUNAGAPPALY FROM KURUTHUKADATHEKKETHIL KALLELIBHAGAM, KARUNAGAPPALLY2 AYSHA BEEVI, NOW RESIDING AT ALLOOMUTTIL, VADAKKUMTHALA VILLAGE, CHAMBAKADAVU, KARAUNAGAPPALY FROM KURUTHUKADATHEKKETHIL, KALLELIBHAGAM, KARUNAGAPPALLY3 KOYAKUTTY, RESIDINT AT ALLOOMUTTIL, VADAKKUMTHALA VILLAGE, CHAMBAKADAVU KARAUNAGAPPALY FROM KURUTHUKADATHEKKETHIL KALLELIBHAGAM, KARUNAGAPPALLY4 SEENATHU PARAYANTEYYATHU, THEKKETHIL, MAVELI PANMANA P O, KARUNAGAPPALLY5 ABDUL RAHMAN KUNJU THEKKETHIL, MAVELI, PANMANA P. O., KARUNAGAPPALLY THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON2206-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BP OP(Crl.).No. 83 of 2014 (Q) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:-TRUE COPY OF THE MC NO62010 RESPONDENT(S)' EXHIBITS : NIL. --------------------------------------- //TRUE COPY// P.A. TO JUDGE BP K. Ramakrishnan, J.
============================== O.P.(Criminal)No.83 of 2014 ============================== Dated this, the 22nd day of May, 2014.
JUDGMENT
This is an application filed by the petitioner seeking early disposal of M.C.No.6/10 pending before Judicial First Class Magistrate Court, Karunagappally under Article 227 of Constitution of India.
2. It is alleged in the petition that petitioner has filed M.C.No.6/10 against the respondents as aggrieved person under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking relief under that Act. She filed the application in the year 2010 and after several adjournments, the case was posted to 16.02.2013 for evidence and on that day, petitioner filed proof affidavit. Thereafter, the case was adjourned for cross examination of the petitioner and after cross examination of the petitioner, the case was adjourned to 07.12.2014 for evidence of respondents. So far, no evidence has been adduced on the side of respondents and the court is also not disposing the case. So, she has no other remedy except to approach this court seeking the following relief: "1. To issue appropriate writ or order directing the O.P.(Criminal)No.83 of 2014 :
2. : Judicial First Class Magistrate Court, Karunagappally to dispose of MC No.6/2010 within a short period as this Hon'ble Court shall deem just; and 2. Grant such other relief as this Hon'ble Court may deem fit and proper in the interest of justice" 3. Considering the nature of relief claimed in the petition, this court felt that the petition can be disposed of at the admission stage itself after calling a report from the concerned magistrate court regarding the reason for the delay and dispensing with notice to the respondents. Accordingly, a report has been called for.
4. The magistrate has sent a report which reads as follows: "1. As per the official memorandum 2nd referred to here-above, I was directed to submit the present stage of MC.6/10 and the reason for the delay of disposal and further I am asked to state the time required for the final disposal of the said case.
2. On receipt of the official memorandum on 23.04.2014, I have verified the case records. The above said case has been filed by the petitioner named Jubairiya against her husband and family members under section 12 of Protection or woman from Domestic Violence Act.
3. I assumed the charge of Judicial First Class Karunagapally on 23.05.2013 and the case came before me firstly on 08.07.2013. On the said day, the petitioner sought time to change the counsel and the case was posted to 02.08.2013. Subsequently the case was posted for examination O.P.(Criminal)No.83 of 2014 :
3. : of witnesses and the 1st respondent filed proof affidavit on 09.12.2013 in lieu of examination in chief. On 12.02.2014 the respondent sought adjournment and the request was allowed on payment of costs. On 31.03.2014 the petitioner was neither present nor represented. Therefore notices were given to the counsels for both parties and case stands posted to 26.04.2014.
4. Currently, the case is posted for respondent's evidence and I am able to dispose of the case within two months or any other time limit as the Honorable High court may deem fit to fix. These facts are most respectfully submitted." 5. Heard the Counsel for the petitioner and considered the report of the learned magistrate.
6. The Counsel for the petitioner submitted that though the petition was filed in the year 2010, so far, the petition has not been disposed of by the court below and the very purpose of the Act has been defeated on account of the delay.
7. It is an admitted fact that petitioner filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking reliefs under that Act in the year 2010, and it was taken on file by the learned magistrate as M.C.No.6/10. The above Act itself has been enacted to provide speedy summary remedy to helpless women who suffer domestic violence in their matrimonial O.P.(Criminal)No.83 of 2014 :
4. : home or shared household or their home. Further, Section 12 (5) of the Act states that magistrate shall endeavour to dispose of every application made under Sub Section (1) within a period of 60 days from the date of first hearing. But, that mandate is not being fulfilled by the courts so far on account of the long pendency of huge number of cases before each court. But, that is not a reason for further delaying the case for a longer period especially when evidence in the case has already been started. So, considering the circumstances and also considering the report of the learned magistrate, this court feels that the petition can be disposed of as follows: The magistrate is directed to dispose of M.C. No.6/10 pending before that court as expeditiously as possible at any rate within two months from the date of receipt of this order. With the above direction and observation, the petition is disposed of. Office is directed to communicate this order to the concerned court immediately. Sd/- K.Ramakrishnan, Judge. Bb [True copy] P.A to Judge