SAVITRI RATHO
Shovan Kumar Sahoo – Appellant
Versus
Puspanjali Swain – Respondent
JUDGMENT
Savitri Ratho, J.—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 Secs. 18, 19, 20, 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 for which the case has been adjourned / posted. She also stated as follows:—
“2. Both the parties are filing multiple petitions on almost every date of adjournment and are also pressing more for disposal of the petition rather than for conclusion of evidence. Before disposal of one petition, another 2 to 3 petitions get added for consideration and the case gets lingered f
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....
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.
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 determined that continuation of proceedings was unnecessary after evidence was already presented, resulting in closure of the Crl.M.C.
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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