MOHAMMAD GAUS MULLA Vs. NASIMA BI MULLA

JUDGEMENT

(1.) Rule. Rule returnable forthwith with the consent of the parties.

(2.) Heard rival submissions on both these criminal writ petitions. Both the petitions are preferred by the petitioner/husband and his two other relatives. What is challenged in the Criminal Writ Petition no. 91/2013 is the first order passed by the trial Court dated 21/06/2013, by which the application for the adjournment was rejected and second order dated 10/06/2013, by which the cross-examination of witness no. 2 on behalf of the present respondent/wife before the JMFC in Domestic Violence Act matter was closed. So far as Criminal Writ Petition on Stamp Number Main No. 1198/2014 is concerned, the challenge is to the order of closure of the evidence of present petitioner/husband.

(3.) Wife had preferred an application for appropriate reliefs under Domestic Violence Act before the concerned JMFC Court and above referred three impugned orders were passed. The effect of the above orders at present is that the cross-examination of PW 2 was closed and time prayed for taking such cross-examination was rejected and the defence on behalf of the petitioner/husband also was not accepted and closed. In the opinion of this Court, and as amply made clear vide earlier order dated 20/06/2014 in para no. 3, such type of matters under Domestic Violence act are required to be expeditiously dealt with and to be disposed of within 60 days in view of Section 12 of the Domestic Violence Act. However, unfortunately that has not been done in the matter and, moreover, this Court had stayed the proceedings before the trial Court. In the considered view of this Court and in order to have fair opportunity to the present petitioner/husband to put forth his case, it is necessary that he may be allowed to cross-examine the witnesses produced on behalf of the wife and also the petitioner/husband is required to be allowed to put forth his evidence before the Court. As such, by giving specific directions to the trial Court to dispose off the main matter before it in a time bound programme within 60 days from the receipt of this order, the matter can be remanded back to the trial Court by setting aside all the three orders impugned in the present two petitions. In the result, both the Criminal Writ Petitions are allowed. Hence, order: