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2025 DAILYLAW 28678 (KAR)

SMT. ESHA RAJ ALIAS ESHA DITUL MEHTA v. SRI. DITUL MEHTA

WP/18332/2025 · 2025-07-02

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:23813 WP No. 18332 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 18332 OF 2025 (GM-RES) BETWEEN: SMT. ESHA RAJ ALIAS ESHA DITUL MEHTA, DAUGHTER OF SRI. JODHRAJ, AGED ABOUT 38 YEARS, RESIDING AT: NO. 61, UDAY GOVINDAPPA ROAD, BASAVANAGUDI, BENGALURU – 560 004. …PETITIONER (BY SRI. RENY SEBASTIAN, ADVOCATE) AND: 1. SRI. DITUL MEHTA, S/O YASHWANT MEHTA, AGED ABOUT 38 YEARS, 2. SRI YASHWANT MEHTA, S/O SURAJ KARAN MEHTA, AGED ABOUT 65 YEARS 3. SMT. PREMALATHA MEHTA W/O YASHWANTH MEHTA, AGED ABOUT 58 YEARS 4. ANU MEHTA / KANKARIYA W/O RAKSHIT KANKARIYA AGED ABOUT 36 YEARS 5. RAKSHIT KANKARIYA S/O KUSHAL KUMAR KANKARIYA AGED ABOUT 35 YEARS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23813 WP No. 18332 of 2025 BOTH ARE RESIDING AT: 8-2-674/6, BLOCK 1A, STREET NO. 4, ROAD NO. 12, BANJARA GREENS COLONY, BANJARA HILLS, HYDERABAD – 500 034 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO ISSUE A DIRECTION TO THE HON'BLE METROPOLITAN MAGISTRATE (TRAFFIC COURT)-II, BENGALURU, TO DISPOSE OF THE PENDING PROCEEDINGS IN CRL. MISC. NO. 204/2019 UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, WITHIN A FIXED TIME FRAME, PREFERABLY WITHIN THREE (3) MONTHS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: “i) Issue a direction to the Hon’ble Metropolitan Magistrate (Traffic Court)-II, Bengaluru, to dispose of the pending proceedings in Crl.Misc.No.204/2019 under the Protection of Women from Domestic Violence Act, 2005, within a fixed time frame, preferably within three (3) months, in the interest of justice. ii) Pass such other and further orders as this Hon’ble Court may deem just, fit and proper in the facts and circumstances of the case. ” - 3 - HC-KAR NC: 2025:KHC:23813 WP No. 18332 of 2025 2. For the order proposed, service of notice to respondents is dispensed with. 3. A perusal of the material on record will indicate that having regard to the undisputed fact that the proceedings in Crl.Misc. No.204/2019 are pending before the trial Court, without expressing any opinion on the merits / de-merits of the rival contentions, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the parties to urge all contentions in the aforesaid proceedings before the trial Court, who shall adjudicate upon the matter after providing sufficient and reasonable opportunity to both the parties and dispose of the proceedings within a period of six months from the date of receipt of copy of this order. 4. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. 5. Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 81