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2025 DAILYLAW 2652 (KAR)

SMT SAROJINI W/O GURUBASAYYA HIREMATH v. SRI SANJEEV S/O GURUBASSAYYA HIREMATH

WP/100106/2025 · 2025-01-31

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:1942 WP No. 100106 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 100106 OF 2025 (GM-RES) BETWEEN: SMT. SAROJINI W/O. GURUBASAYYA HIREMATH AGE. 75 YEARS, OCC. HOUSEHOLD, R/AT. KALAHAL VILLAGE, TQ. RAMADURGA, AT PRESENT. TEGGI LAYOUT, VIDYAGIRI, BAGALKOT, DIST. BAGALKOT. …PETITIONER (BY SRI. MRUTYUNJAY TATA BANGI AND SRI. S.S. YALIGAR, ADVOCATES) AND: 1. SRI. SANJEEV S/O. GURUBASAYYA HIREMATH AGE. 44 YEARS, OCC. AGRICULTURE, R/AT. KALAHAL VILLAGE, TQ. RAMADURGA, DIST. BAGALKOT-587101. 2. PRABHAVATI W/O. KUMARSWAMY HIREMATH AGE. 53 YEARS, OCC. HOUSEHOLD, R/AT. MORAB VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-590001. 3. SRI. IRAYYA S/O. SHIVAYYA BHOOSURMATH AGE. 54 YEARS, OCC. AGRICULTURE, R/AT. KALAHAL VILLAGE, TQ. RAMADURGA, DIST. BAGALKOT-587101. …RESPONDENTS (BY SRI. S.S.SALI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION AND DIRECT THE PRL. CIVIL JUDGE AND JMFC, BAGALKOT TO DISPOSE OF THE PETITION IN CRL. MISC. NO. 201/2023 PRESENTED BY THE PETITIONER U/S 12, 17, 18, 19, 22 AND 23 OF THE PROTECTION OF WOMEN FROM DOMESTIC Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.05 12:54:39 +0530 - 2 - NC: 2025:KHC-D:1942 WP No. 100106 of 2025 VIOLENCE ACT 2005 (THE D.V. ACT ) IN VIEW OF MANDATORY DIRECTION CONTENDED IN SECTION 12(5) OF THE D.V. ACT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner has filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) against Respondent No.1, who is the son, Respondent No.2, who is the daughter, and Respondent No.3, who is the brother of the petitioner. 2. The petitioner’s grievance is that the DV Act mandates the disposal of every application within a period of two months from the date of filing, as stipulated under Section 12(5) of the DV Act. The petition under Section 12 of the DV Act was filed on 24.07.2023, but to date, the learned Magistrate has not disposed of the said application. 3. Therefore, it is just and appropriate to dispose of this petition by directing the learned Principal Civil Judge and JMFC, Bagalakot, to dispose of the application in Crl. Misc. No. 201/2023 presented by the petitioner within a period of two months from the date of receipt of the certified copy of this order. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 17