Civil Procedure Code (CPC)

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deep Sharma (Law Student)     27 November 2012

Procedure for speedy trial in domestic violence.

What can we do for the speedy trial in a Domestic Violence case.  Or in which section we can file an application for speedy trial in DV case-05.  

What is the Procedure for it.  Does anybody have any Judgment or any other related document.

Plz share your thoughts.

 Regds.

DS



 2 Replies

Tajobsindia (Senior Partner )     27 November 2012

In ref.: Sheela Barse vs. Union of India [1986 AIR 1773, 1986 SCR (3) 443] Hon'ble SC reaffirmed that speedy trial to be fundamental right.

The Hon'ble SC also took positive steps in the direction of implementing Art. 14 (3) of International Covenant on Civil and Political Rights which determines that criminal charge too be tried without undue delays. Art. 16 of principles of equality in administration of justice declares that everyone shall be guaranteed right to speedy trial.

Further hon'ble SC held in ref.: Raghubir Singh vs. State of Bihar [1987 AIR 149, 1986 SCR (3) 802] that speedy trial is one of the dimensions of fundamental right to life and liberty under Art. 21 COI.

S. 260 CrPC involves the concept of “summary trial” whereby in case of circumstances prescribed the Court has to summarily dispose the case. DV Act 2005 falls under summary trial scope as “prime facie” issuance of Protection Order power are given to Magistrate or Family Court even ex=parte Order is also given in instance Act.

Hence under Writ Jurisdiction of State’s HC one can approach for issue of Mandamus to trial Court to speedily dispose of the pending matter under DV Act 2005 is my view. Citation in hand is not necessary in each and every case as unless you show your suffering inspite of dozen citations you will not get a equivocal relief is also my supplimentary say here as remedy based on a universal saying of Indian Courts; "only crying baby gets mothers milk!" 

deep Sharma (Law Student)     10 December 2012

Thankx, 

Tajobsindia Sir, Now I am very much cleared. Thkx for reply.


Regards.

DS


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