Dr. Smiti Nanda vs Smt. Shashi Bhandari and Others

Jaswant Singh, J.—Prayer u/s 482 Code of Criminal Procedure is for directing the Court of learned Illaqa Magistrate, Rohtak to decide the petition (P1) u/s 12 of the Protection of Women from Domestic Violence Act,2005 within a stipulated time frame. It is submitted that complaint was filed two years back on 14.8.2008 and u/s 12(5) of the Statute such petitions are to be decided within two months from the date of first hearing. It is submitted that despite the report of the Protection Officer vide P2, no hearing has taken place and the case is being adjourned on one pretext or the other.

Notice of motion was issued and the Petitioner was given liberty to serve the Respondents through their counsel before the trial Court.

On 2.12.2010, learned Counsel for the Petitioner had stated that contesting Respondent No. 1 has been served through his counsel in the trial Court.

Despite service no one has put in appearance on behalf of Petitioner No.

Learned Counsel for the parties heard.

Keeping in view the totality of the facts and circumstances and provisions of Section 12(5) of the Protection of Women from Domestic Violence Act,2005, this petition is disposed of with a direction to learned trial Court to decide the pending petition (P1) u/s 12 of the Act, expeditiously preferably within a period of four months from today.

Disposed of in the above terms.