KAVITHA M. Vs. RAGHU

JUDGEMENT

(1.) The petitioner/wife of the 1st respondent is before this Court seeking a direction to dispose of applications dtd. 15/10/2018 filed by her in C.Misc.No.170 of 2018 before the II Metropolitan Magistrate Traffic Court at Bangalore under Ss. 12, 19(1)(E) & (F), 20 & 22, 20 & 23(2) and 23(2) of the Protection of Women from Domestic Violence Act , 2005 ('the Act' for short) within the time frame.

(2.) Brief facts that lead the petitioner to this court in the subject petition, as borne out from the pleadings, are as follows:- The marriage between the petitioner and 1st respondent takes place on 16/11/2016. From the wedlock a child is born on 24/8/2017. The relationship between the petitioner and the 1st respondent appears to have turned sore and the petitioner/wife institutes proceedings under the Act invoking Sec. 12 of the Act and also files several other applications under Sec. 23 of the Act seeking non-alienation, encumbrance of schedule property, seeking alternative accommodation, monetary relief, ex-parte maintenance and return of valuable articles. In all, there were five applications filed by the petitioner on 15/10/2018. The learned Magistrate in terms of his order dtd. 29/10/2018 rejected the application for non-alienation or encumbering the schedule property. Except that order, the learned Magistrate did not pass any order on any other applications. The 1st respondent appeared on 3/5/2019 and filed objections to the applications. On 4/8/2021 the petitioner filed an affidavit of assets and liability statement. For filing of assets and liabilities statement of the 1st respondent seven dates were granted to the 1st respondent/husband between 4/8/2021 and 18/4/2022. The learned counsel for the petitioner submits that assets and liabilities statement is not filed by the 1st respondent even as on date. Being aggrieved by non-passing of orders on several applications that are pending consideration for close to 5 years, the petitioner is before this Court seeking an early disposal of those applications filed along with the claim on 15/10/2018.

(3.) Heard Sri Nitin Ramesh, learned counsel appearing for the petitioner, Sri H.Shanthi Bhushan, learned Deputy Solicitor General of India appearing for respondent No.4 and Smt. K.P. Yashodha, learned High Court Government Pleader for respondent No.5.