protection of women from domestic violence

Querist : Anonymous (Querist) 06 January 2010 This query is : Resolved
Is it mandatory to the Court to dispose the matter with in time frame according to Act?
I want to know to get the early disposal of the case to which Court to approach? As my case is pending for 2 years from now.

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joyce (Expert) 06 January 2010
It is mandatory for the court to dispose of the case early as per the DV.Act; but due to some procedural inconvenience etc... in service of summons etc.. or any information from protection officer delay may happen, but file an interim application as to the speedy disposal of case as the matter is as like a summary trials.

Devajyoti Barman (Expert) 06 January 2010
If you have got something to show that the DV case is pending for more than 2 years without any reasonable cause then file an application before the High Court u/A 227 of the Constitution of India invoking its Superintending power for disposal of the case within a stipulated time.

Arvind Singh Chauhan (Expert) 07 January 2010
I think it is not mandatory. language used in Sec 12 (5)is " The magistrate shall endeavour "

N.K.Assumi (Expert) 07 January 2010
The language employed is, Magistrate shall endeavour and shall endeavour means endeavour as poited out by Arvind, and as what Joyce, pointed out as some inconveneance, that is for which the Magistrate fails the endeavour.But as rightly pointed out by Barman, if the proceedings is pending for more than 2 years better do as Mr.Barman, suggested.

Adv ramesh chheda (Expert) 07 January 2010
it is mandatory to dispose off the case within 60 dys time limit but due to many difficulties many a time it is not possible for a court to dispose off case within given time frame limit.
in case of u r matter, if u feel that court is deliberately delaying or opposite party is adopting delaying tactics to delay the matter, u may file a writ in hcourt and may seek necessary direction for expediate hearing.

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