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Sidharth   24 December 2015

Sec 12 of dv act

I'm victim of false DV Act case. I filed application u/s 21 of dv act, for visitation rights to visit minor child, She opposed in written reply. And now avoiding arguments on the ground that lawyer is no available from last 3 yrs. Can I file application for expeditious disposal of said application. U/s 12 of DV act " The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing."



 8 Replies

prabhakar advocate (advocate)     25 December 2015

Yes. You should do that.  And also press for arguments as the matter concerns for child visitation.  If you smell that MM is dilly-dallying,then consult your advocate for taking up the matter in sessions court or High Court under Section 482 cr.p.c.  Three years delay to decide the matter on the the ground of non-abailability of advocate is the biggest joke in the whole world.

1 Like

sridher (system analyst)     29 December 2015

Here the judge had made abig mistake by not giving x party orders in favour of husband for child visitation. complaint it to the higher authority. In high court or get the expeditios orders to settle the case with in stipulated period. Good luck

 

sridher (system analyst)     29 December 2015

my taught is there was no arguments started in the court. Go for quash as per 482 cr.pc

 

Sidharth   02 January 2016

Dear All,

Some lawyersare saying that session court cannot give any order u/s 482crpc only high Court can give orders under this section. 

Then under which section session court can interfere to solve  my problem

Sidharth   02 January 2016

Dear All,

Some lawyersare saying that session court cannot give any order u/s 482crpc only high Court can give orders under this section. 

Then under which section session court can interfere to solve  my problem

T. Kalaiselvan, Advocate (Advocate)     03 January 2016

You were advised to approach high court with the petition under section 482 and not sessions court.  Sessions court has no power under section 482 to pass any such order desired by you. 

You can file a petition in the same court to close the defence owing to her non-cooperation and inordinate delay or the dilatory tactics being adopted by her. 

Reformist !!! (Other)     25 January 2016

You should approach HC or file an application to close the plaintiff evidence.


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