<p>The high court has asked the trial courts to decide within 60 days the applications filed by aggrieved person/woman under sections 12, 18, 19 and 20 of the Protection of Women from Domestic Violence (DV) Act, 2005.</p>.<p>An aggrieved person can file applications under sections 18 (for protection orders), 19 (for residence orders) and 20 (for monetary relief).</p>.<p>Justice M Nagaprasanna said that the applications filed by a woman, who is a victim of domestic violence, will have to be addressed with immediacy.</p>.<p>“It is for this reason that the statute mandates that such applications have to be disposed of within 60 days in terms of sub-section (5) of Section 12 of the Act. The mandate is unequivocal as sub-section (5) mandates that the Magistrate shall endeavour to dispose of every application; every application would mean each and every, not a few or more. If the delay takes away the very soul of the enactment, such delay would definitely deny justice. It is, therefore, often said that 'justice delayed is justice denied',” the court said.</p>.<p>The court has issued general directions that if the husband does not file assets and liabilities statement within four weeks, the concerned courts should accept the application filed by the aggrieved person and pass appropriate orders.</p>.<p>“Adherence to the aforesaid timeline would be of paramount importance, as remedy under Section 12 to an aggrieved person is imperative. Therefore, timely disposal of such applications are also imperative as Section 12 is the salt of the statute; if by delay the salt would lose its savour; the statute would lose its flavour,” the court said.</p>.<p>In the case at hand, the aggrieved wife, a resident of Bengaluru, had filed five applications seeking various reliefs.</p>.<p>Though the wife filed statement on assets and liabilities, the husband did not file any details though seven opportunities were given.</p>.<p>The bench has directed the trial court to dispose of the application within four weeks.</p>
<p>The high court has asked the trial courts to decide within 60 days the applications filed by aggrieved person/woman under sections 12, 18, 19 and 20 of the Protection of Women from Domestic Violence (DV) Act, 2005.</p>.<p>An aggrieved person can file applications under sections 18 (for protection orders), 19 (for residence orders) and 20 (for monetary relief).</p>.<p>Justice M Nagaprasanna said that the applications filed by a woman, who is a victim of domestic violence, will have to be addressed with immediacy.</p>.<p>“It is for this reason that the statute mandates that such applications have to be disposed of within 60 days in terms of sub-section (5) of Section 12 of the Act. The mandate is unequivocal as sub-section (5) mandates that the Magistrate shall endeavour to dispose of every application; every application would mean each and every, not a few or more. If the delay takes away the very soul of the enactment, such delay would definitely deny justice. It is, therefore, often said that 'justice delayed is justice denied',” the court said.</p>.<p>The court has issued general directions that if the husband does not file assets and liabilities statement within four weeks, the concerned courts should accept the application filed by the aggrieved person and pass appropriate orders.</p>.<p>“Adherence to the aforesaid timeline would be of paramount importance, as remedy under Section 12 to an aggrieved person is imperative. Therefore, timely disposal of such applications are also imperative as Section 12 is the salt of the statute; if by delay the salt would lose its savour; the statute would lose its flavour,” the court said.</p>.<p>In the case at hand, the aggrieved wife, a resident of Bengaluru, had filed five applications seeking various reliefs.</p>.<p>Though the wife filed statement on assets and liabilities, the husband did not file any details though seven opportunities were given.</p>.<p>The bench has directed the trial court to dispose of the application within four weeks.</p>
