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Vijay (law student)     22 June 2014

Delay in disposing domestic voilence matter

Hi All,

I am a respondent in a Domestic Violence Case instituted by my wife in an another state and since the past 2 years the matter has progressed and only frivolous applications which are being filed by my wife one after the another are being decided by the magistrate causing grave hardship and harassment to me.

Even though Section 12 (5) of the DV Act stipulates that  "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. tc "(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."

What are the options available to at this stage?

What can I do to see that the matter is decided expeditiously without any further delay?

Are there any judgements of the SC or HC on this subject matter?

Awaiting your kind response.

Vijay.

 



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 June 2014

As there is tremendous work load on the courts its generally not possible to dispose off the matter in the prescribed time. However, talk to your lawyer, thought your wife is moving frivolous applications, your lawyer can counter it and see that the matter is expediously disposed of by taking appropriate steps at appropriate time.

Vijay (law student)     23 June 2014

Thank You madam for your kind and valuable response.

Are there any judgements of the SC or HC on this subject matter?

Vijay.


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