Sarbari Sen Chadha v. Aashish Chadha

1. Counsel for the petitioner submits that, a complaint under Section 12 of The Protection of women from Domestic Violence Act, 2005 was filed on 16.07.2009.

2. On 12.08.2009, the respondent appeared in court and thereafter the matter was adjourned to 24.09.2009.

3. On 24.09.2009, the respondent sought time to file reply on the ground that the annexures were not supplied along with the complaint; on which the learned counsel for the petitioner supplied the same in the court itself. CRL.M.C. 2654/2011 2011:DHC:9005

4. Thereafter, on 20.10.2009, reply was filed and matter was adjourned for filing of rejoinder and arguments.

5. The matter was taken up on 20.01.2010, time was sought by the petitioner to file the rejoinder, the same was filed on 17.03.2010 and a replication was also filed under Section 91 of Cr.P.C.

6. Thereafter, on three respective dates i.e on 28.04.2010, 29.06.2010 and on 04.08.2010, learned MM was on leave.

7. Again, the matter was taken up on 13.09.2010 and was further adjourned for arguments on application under Section

8. Vide order dated 18.11.2010, learned MM referred the matter to the Mediation Centre at the Delhi High Court, New Delhi. The Mediation failed and the matter was returned to the Court on 06.04.2011.

10 Learned counsel for the petitioner submits that an application under Section 23 is still pending for disposal, which was filed along with the complaint under Section 12 of the ) Protection of women from Domestic Violence Act, 2005 and no maintenance has been given to her.

11. Needless to say that The Protection of women from Domestic Violence Act, 2005 is for the welfare of the women. (2) In these matters which are filed either under Section Protection of women from Domestic Violence Act, 2005 or under Section 125 Cr.P.C., the Courts should give priority to these issues, since, the respondent is a victim and who has no support in the Society.

12. In these circumstances, I direct the learned MM to dispose of the application under Section 23 of The Protection of Women from Domestic Violence Act, 2005 till December,

2011.

13. Accordingly, CrI. M.C. 2654/2011 is disposed of in the above terms.

14. Dasti under the signatures of Court Master.

SURESH KAIT, J AUGUST 11, 2011 j