Heard both the sides for final disposal.

2. A proceedings is filed by the respondent/wife under the provisions of Domestic Violence Act against the petitioners. She has given evidence. The petitioners and their counsel were not turning up, so, the order of no cross-examination was made. Application was moved for permission to cross-examine the witnesses by setting aside no cross-examination order. Even on the day of hearing of this application [Exh.68], nobody turned up for the husband, and so, the Magistrate rejected the application.

3. The proceedings filed under Domestic Violence Act is required to be disposed of within 60 days. The proceedings was filed in the year 2010, and it can be said that the husband was protracting the decision of proceedings. The submissions made show that no interim order was made in favour of the wife. Though there are such circumstances, this Court holds that one opportunity can be given to the petitioners to take decision on merit by cross-examining the witnesses. The wife, present respondent must have spent some amount to contest the present proceedings, and so, the petitioners need to be ordered to pay some costs to the wife. In the result, this Court proceeds to pass following order :

ORDER

A] Writ Petition is allowed subject to payment of costs of Rs.2,500/- [Rupees Two Thousand Five Hundred] by the petitioners to the respondent within seven days from today in the Court of Judicial Magistrate. First Class.

B] If the amount of costs is not deposited within seven days, as directed above, the Judicial Magistrate, First Class is to presume that the present proceedings is dismissed and the Judicial Magistrate may proceed with the matter. Only if the amount of costs is deposited, as directed above, the Judicial Magistrate is to give an opportunity to the petitioners/husband side to cross-examine the witnesses.

C] The parties are to appear before the Judicial Magistrate on 27th September, 2013. But, there will be time of total seven days from today to the husband to deposit the amount of costs and this order is to be taken into consideration by the Judicial Magistrate on 27th September, 2013.

Petition allowed.