Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Guest)

Provision for speedy trial

My DV case has been filed two years back and it is running under the same judge. Since 6 months judge has told the petitioner (my wife) that her DV complaint would not stand as the case has been filed after 7 years of seperation and there is no sign of husband wife living together. Now since 6 months judge keep on saying that he will reject the case but keep on giving excuses that he does not have any stenotypist to type judgement so it has to wait. Now since 3 months they have 4 steno in court and now judge is saying that he will reject wife's complaint yet not giving any judgement. Now yesterday judge told my wife that she needs to withdraw her complaint and i objected saying that sir why are you asking her to withdraw the case and not reject her complaint ? I am objecting on this and i would prefer court to consider rejecting the complaint rather than asking her to withdraw it. So judge gave me an a very bold answer saying that then if that's the case then i will have to wait and it cannot be rushed. It appears that judge does not want to take this on him as this is his first posting and he was intern before this position. Is there any provision where i can force judge for speedy trial ? Since this is a learning experience this judge is taking forever and it appears that i may have to wait forever for him to reject my wife's case. I would appreciate if someone could refer me some sort of judgement.



Learning

 3 Replies

Jaya Pathak (Paralegal)     10 September 2015

DV is continuing offence even if husband/wife have lived seperately for many years if husband is not providing for the needs of wife/kids. There is a Bombay High Court judgement Shri. Maroti  vs  Sau. Gangubai on 9 August, 2011. In this case the seperation period was 12 years. 

 

Read the link for Speedy Trial

 
https://www.lawyersclubindia.com/forum/Procedure-for-speedy-trial-in-domestic-violence--70581.asp

 

 

 

 


(Guest)
Originally posted by : Jaya Pathak
DV is continuing offence even if husband/wife have lived seperately for many years if husband is not providing for the needs of wife/kids. There is a Bombay High Court judgement Shri. Maroti  vs  Sau. Gangubai on 9 August, 2011. In this case the seperation period was 12 years. 

 

Read the link for Speedy Trial

 

https://www.lawyersclubindia.com/forum/Procedure-for-speedy-trial-in-domestic-violence--70581.asp

 

 

 

 

@ Jayaji if the judge is telling my wife that DV would not stand then it is something i need to cheer about and that is why i am rushing to wrap this up before new judge comes in. Let her go for appeal but atleast lower court is willing to turn her down.

Jaya Pathak (Paralegal)     12 September 2015

Well what is the judge is saying and not acting on what he is saying are 2 different things. I just feel he is not sure so hasnt passed any order to the effect that there is NO DV caused by you towards your wife. 

 

Some Judges sitting in the lower courts just dont want to apply their mind or take action so waste time. You file an application for speedy trial and see what he does. 

 

 


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