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2016 DIGILAW 35 (UTT)

Rashmi Mittal v. Ashish Om Prakash Mittal

2016-02-01

U.C.DHYANI

body2016
JUDGMENT : U.C. DHYANI, J. 1. By means of present writ petition, the petitioner seeks the following relief, among others. (i) To direct the learned Court below to expedite the entire proceedings of the Smt. Rashmi Mitta vs. Ashish Om Prakash Mittal, Case No. 1266 of 2015 pending in the court of learned 2nd Judicial Magistrate, Dehradun, as well as interim relief application dated 18.11.2015, filed in Smt. Rashmi Mitta vs. Ashish Om Prakash Mittal, Case No. 1266 of 2015 with the direction to decide the same within a fixed period of time. 2. Since nobody can complain, as to why, an application or a case pending before any court is being decided so early, therefore, the Court does not think it proper to issue notice to the respondent. 3. While disposing of the present writ petition, this Court is simply reminding learned Trial Court of it’s obligation to decide the pending interim relief application under Protection of Women from Domestic Violation Act, 2005, as expeditiously as possible, as is the intention of the Parliament while enacting such an Act. A reference of the same is given herein below for convenience. “Section 12 (5) - The Magistrate shall endeavour to dispose of every application made under sub-section (i) within a period of sixty days from the date of its first hearing.” 4. It is the submission of learned counsel for the petitioner that such an application is pending before the Trial Court and a direction be given to the Court below to decide it at an earliest possible. 5. An endeavour shall, therefore, be made by the Trial Court to dispose of the pending application at an earliest possible keeping in view the aforesaid mandate of the legislature. 6. Criminal Writ Petition is disposed of with the directions as above. 7. Let a copy of this order be supplied to the learned counsel for the petitioner today itself on payment of usual charges.