2.R.Sathya ... Petitioners Vs Archana ... Respondent Prayer: Petition filed under Section 528 of BNSS, to direct the learned Judicial Magistrate Court No.I, Kumbakonam to dispose the D.V.C.No.6 of 2023 on the file of the learned Judicial Magistrate Court No.I, Kumbakonam at the earliest point of time.

For Petitioners : Mr.V.N.Arjun for Mr.N.Vallinayagam

ORDER

This petition is filed to direct the learned Judicial Magistrate No.I, Kumbakonam, to dispose the D.V.C.No.6 of 2023 at the earliest point of time.

2. In view of the order to be passed, notice to the respondent is dispensed with.

3. The first petitioner is the husband of the respondent. Their marriage was solemnized on 19.01.2021. They are now living separately. The respondent has instituted a complaint in D.V.C.No.6 of 2023 as against the first petitioner / husband and second petitioner / mother-in- law before the learned Judicial Magistrate No.I, Kumbakonam in the year 2023. The same is pending. The petitioners are residing at Bangalore. According to the petitioners, the respondent last resided in Bangalore. However, in order to harass the petitioners, she has instituted this complaint at Kumbakonam.

4. The learned counsel appearing for the petitioners submits that the learned Judicial Magistrate No.I, Kumbakonam is keeping the matter pending without adhearing to the provisions under Section 12(5) of the Protection of Women from Domestic Violence Act, 2005.

5. This Court considered the submissions of the learned counsel appearing for the petitioners.

6. Section 12(5) of the Protection of Women from Domestic Violence Act, 2005 is extracted hereunder.

"12(5) The Magistrate shall Endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing."

7. Section 15 of the Act states that the Magistrate shall endeavour to dispose of every application under Section 12(1) of the Act within 60 days from the date of first hearing. In view of the same, this Criminal Original Petition is allowed, with a direction to the learned Judicial Magistrate No.I, Kumbakonam to conclude the proceedings as expeditiously as possible as mandated under the Section 12(5) of the Protection of Women from Domestic Violence Act, 2005.