This original petition is filed by the petitioner, who is the aggrieved person in M.C.No.27/2013 pending before the Judicial First Class Magistrate Court, Kunnamkulam, for speedy disposal under Article 227 of the Constitution of India. 2. The case of the petitioner in the petition was that she is aged 83 years and she as an aggrieved person in M.C.No.27/2013 before the Judicial First Class Magistrate Court, Kunnamkulam claiming reliefs under Section 12 of the Protection of Women from Domestic Violence Act seeking reliefs provided under the Act against the respondents.
3. Though the petition was filed, no effective steps were taken by the learned Magistrate to dispose of the case. According to the petitioner, the Act itself has been enacted to provide speedy summary remedy to the aggrieved person, who complains of domestic violence in the house where she is residing, which belongs to her at the hands of the respondents. So she has no other remedy except to approach this Court seeking the following reliefs:
a. Direct the learned JFCM, Kunnamkulam to expeditiously try and dispose M.C.No.27/2013 filed by the petitioner under Section 12 of the Protection of Women from Domestic Violence Act.
b. Direct the JFCM, Kunnamkulam to examine the petitioner on 19.4.2014, the date the case is posted for examination of the petitioner.
c. Grant such other relief deemed fit to this Hon'ble Court.
4. Though notice was served on respondents 1 and 2, they did not appear and remain absent.
5. A report has been called for from the Judicial First Class Magistrate Court, Kunnakulam regarding the present stage of the case and the learned Magistrate has sent a report which reads as follows:
“ M.C.No.27/13 on the files of this court is a case taken on file on 24.8.2013 based on the petition filed u/s. 12 of the Protection of Women from Domestic Violence Act, 2005 by Smt. Sarada Amma, aged 83, D/o. Kuyilatt Kochu @ Kunchiyamma, Thalakottukara, Chiranellur, Thrissur District against two respondents namely (1) M.V. Shaji @ Hari Harasudan, 40 years, S/o.Kunjilath Sarada Amma, Thalakottukara, Chiranellur, Thrissur District, (2) Mr. Karthikeyan, 54 years, S/o. Kuyilatt Sarada Amma, Thalakottukkara, Chiranellur, Thrissur District.
On 26.9.2013 the respondents entered appearance through counsel and the case, after serving copies of petition and affidavit, was posted for counter and hearing. On 22.11.2013 counter was filed and the case was posted for filing proof affidavit in lieu of chief examination.
In this connection I may submit that even though two adjournments have so far been given for filing proof affidavit, the petitioner has not filed proof affidavit and got ready for evidence. The case is adjourned to 19.4.2014.
I may further respectfully submit that if the Hon'ble High Court is pleased to issue an order for the expeditious disposal of the case under reference, I shall dispose of the same within two months from the date of such an order”.
6. Heard the counsel for the petitioner and perused the report submitted by the Judicial First Class Magistrate Court, Kunnamkulam as directed by this Court.
7. Protection of Women from Domestic Violence Act itself has been enacted to provide speedy remedy to the persons, who alleges domestic violence against them by the relatives mentioned in the Act and as per Section 12(5) of the Act it is specifically mentioned that Magistrate shall endeavour to dispose of every application made under subsection (1) within a period of 60 days from the date of first hearing. But, unfortunately, due to the pendency of large number of cases in each courts, the mandate provided under the statute could not be fulfilled by the courts. However, it is seen from the the report that the Magistrate is prepared to dispose of the case within two months from the date of receipt of the order. So in view of the report of the learned Magistrate, this Court feels that the original petition can be disposed of directing the Judicial First Class Magistrate Court, Kunnamkulam to dispose of M.C.No.27/2013 pending before that court as early as possible, at any rate, within two months from the date of receipt of a copy of this order. So, the original petition is disposed of as follows:
Judicial First Class Magistrate Court, Kunnamkulam is directed to dispose of M.C.No.27/2013 pending before that court as early as possible, at any rate, within two months from the date of receipt of a copy of this order.
Office is directed to communicate this order to the concerned court immediately.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge