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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Shovan Kumar Sahoo – Appellant
Versus
Puspanjali Swain – Respondent
| Table of Content |
|---|
| 1. overview of the case details and procedural background. (Para 1 , 2 , 3 , 4) |
| 2. argument regarding dilatory tactics affecting case timeline. (Para 5) |
| 3. relevant statutory provisions of the d.v. act. (Para 6) |
| 4. court's analysis on expeditious disposal of applications. (Para 7 , 8 , 9 , 10) |
| 5. final decision and directions to the j.m.f.c. (Para 11 , 12) |
JUDGMENT :
Savitri Ratho, J.
1. This CRLMP has been filed praying for a direction to the learned J.M.F.C., Bhubaneswar for concluding CMC No. 40 of 2022 within a period of 45 days by hearing it on a day to day basis, after giving opportunity of hearing to the parties.
2. CMC No. 40 of 2022 had been filed by the wife - Opposite Party (in short “Opp. Party”) in Court of the learned SDJM, Bhubaneswar against the husband – Petitioner (in short “Petitioner”) and his relatives under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short ‘the D.V. Act’) claiming relief under Sections 18, 19, 20 and 22 of the D.V. Act, 2005.
3. Pursuant to order dated 21.01.2026, the status report dated 28.01.2026 has been received from the learned J.M.F.C., Bhubaneswar where she has given details of the dates and purpose
The court mandates expedited hearings for domestic violence applications under the D.V. Act, stressing the need to avoid delays caused by additional petitions and encouraging timely resolutions.
Domestic Violence Act, 2005 has been enacted with object of providing effective rights of protection to women guaranteed under Article 15 of Constitution, who are victim of any kind of violence withi....
Section 12 reads as application to Magistrate.
The court emphasized the need for expeditious trial under Section 12 of the Domestic Violence Act, in line with the interest of justice.
Section 12(5) of the Protection of Women from Domestic Violence Act, 2005 mandates the expeditious disposal of applications made under the Act within a specified time frame.
The court refused to entertain the application under Section 482 of the Code, directing the petitioners to avail the statutory remedy and emphasizing the need for expeditious conclusion of the domest....
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