IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE G.NARENDAR CRIMINAL PETITION No.8228 OF 2019 BETWEEN:
SMT. S.G.MEGHANA, W/O AMITH TELKAR, D/O S.V. GANESH RAO SULAKE, AGED ABOUT 31 YEARS, R/AT AISHWARYA NILAYA, 4TH CROSS, KASTHURI BHA ROAD, GANDHI NAGAR, TUMAKUR-572 102.
(BY SRI. MOHANKUMARA.D, ADVOCATE) AND:
1. SRI. AMITH TELKAR S/O VENKATESH TELKAR, AGED ABOUT 35 YEARS, BLOCK NO.106, BEDOK NORTH AVENUE 4, NO.07-1998, SINGAPUR-460 106.
ALSO RESIDING AT:
PLAT NO.10/A, “ANANDA”, NEARBY SHANTHI NAGAR CHURCH, BENGERI KESHAWAPUR, HUBLI-580023.
...PETITIONER 2. SRI. VENKATESH TELKAR, FATHER NAME NOT KNOWN, AGED ABOUT 60 YEARS 3. SMT. LAKSHMI, W/O VENKATESH TELKAR, AGED ABOUT 52 YEARS THE RESPONDENT NOS. 2 AND 3 ARE RESIDING AT “ANANDA”, PLAT NO.10/A, NEARBY SHANTHI NAGAR CHURCH, BENGERI KESHAWAPUR, HUBLI-580023.
…RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE PRAYING TO DIRECT THE III ADDITIONAL CIVIL JUDGE AND JMFC, TUMKUR TO CONCLUDE/DISPOSE THE MISC. PETITION IN C.MISC.NO.7/2019 EXPEDITIOUSLY.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioner.
2. The petitioner is before this Court being aggrieved by the delay in disposal of the interlocutory application preferred for grant of interim maintenance and that the same is contrary to the provisions of Sub Section (5) of Section 12 of Protection of Women from Domestic Violence Act, 2005, whereby, the Court is mandated to dispose of the application within an outer limit of 60 days from the date of the first hearing.
3. It is submitted that the application is preferred on 04.06.2019 and despite passage of more than five months, the trial Court has not considered and disposed of the application and that the same is causing immense hardship to the petitioner who is in dire need of finances for her sustenance.
4. Hence, this Court is of the considered opinion that the instant petition can be disposed of with the direction to the III Additional Civil Judge and JMFC, Tumakuru to expedite the consideration and disposal of the application for interim maintenance.
5. Accordingly, the petition is partly allowed.
The III Additional Civil Judge and JMFC., Tumakuru shall expedite the consideration and disposal of the application for grant of interim maintenance. At any rate consideration and disposal of the prayer for the interim maintenance shall be within an outer limit of four weeks from the date of receipt of a copy of this order.
Sd/- JUDGE GH