- 1 - HC-KAR NC: 2025:KHC:35535 CRL.P No. 12459 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12459 OF 2024 BETWEEN: SMT. K. SUKANYA W/O SRI. VARATHARAJAN BOSE AGED ABOUT 39 YEARS R/AT 6TH CROSS, JAYAMMA BUILDING, NELAGADANAHALLI, NAGASANDRA POST, BENGALURU-560 073 PRESENTLY R/AT NO. 27, INDIRANI NAGAR FIRST STREET, MUDAKKUSALAI, MADURAI- 625 016. …PETITIONER (BY SRI. JAVEED S., ADVOCATE) AND: 1. SRI. B. VARATHARAJAN S/O C. BOSE, AGED ABOUT 44 YEARS, WORKING AT EMULEX COMMUNICATIONS PVT. LTD., THE MILLENIA TOWER C LEVEL 3, NO. 1 AND 2, MURPHY ROAD, ULSOOR, BENGALURU- 560 008 PRESENTLY R/AT NO. 183, MIDDIE STREET, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35535 CRL.P No. 12459 of 2024 KATTU PARAMAKUDI PARAMAKUDI TALUK RAMNAD DISTRICT- 623 707 2. SRI. C. BOSE S/O CHINNAIAH PILLAI AGED ABOUT MAJOR, 3. VASUKI BOSE W/O SRI. C. BOSE, AGED ABOUT MAJOR, 4. 5. MRS. KAVITHA W/O BALASOUNDER, AGED ABOUT MAJOR, RESPOMDENT NO.2 TO 4 ARE RESIDING AT NO. 302, A BLOCK, PAVANI PLEASANT, PLEASANT LAYOUT EXTENSION, WHITEFIELD, BANGALORE- 560 066. MR. KARTHIKEYAN BOSE S/O SRI. C. BOSE, AGED ABOUT 38 YEARS, R/AT NO. 38/2, 2ND FLOOR, 3RD BLOCK, 5TH MAIN, THYAGARAJANAGAR, BANGALORE- 560 028 …RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO DIRECT THE COURT OF THE METROPOLITAN MAGISTRATE TRAFFIC COURT-III AT BANGALORE IN CR.MISC.NO. 75/2016 TO DISPOSE THE APPLICATION FOR ENHANCEMENT OF MAINTENANCE FOR THE PETITIONER AND HER DAUGHTER OF RS.30,000/PM TO THE PETITIONER AND RS.10,000/-, TO THE DAUGHTER AND TO - 3 - HC-KAR NC: 2025:KHC:35535 CRL.P No. 12459 of 2024 MEET ALL THE SCHOOL EXPENSES OF THEIR DAUGHTER, AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the wife seeking directions at the hands of this Court to issue necessary directions to the jurisdictional magistrate to dispose of the petition filed under section 12 of the Protection of Women from Domestic Violence Act, 2005, which is pending in C.Mis. 75/2016. 2. The present petition seeks issuance of a writ of mandamus on the ground that the application filed by the petitioner/wife under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 (hereinafter, “the Act”) as far back as in 2016 is still pending consideration before the learned Magistrate. It is alleged that the respondents have been adopting delaying tactics - 4 - HC-KAR NC: 2025:KHC:35535 CRL.P No. 12459 of 2024 and that the trial court has been liberally granting adjournments, thereby defeating the very object of the legislation. 3. The Court has carefully examined the records and finds that the grievance of the petitioner is well-founded. The Act of 2005 is a special social-welfare statute intended to provide prompt and efficacious remedies to women who are subjected to domestic violence, including protection orders, residence orders, monetary reliefs, and custody orders. The remedies envisaged under the Act are intended to be granted through a summary procedure, ensuring that an aggrieved woman is not made to suffer further hardship by prolonged litigation. 4. However, the records of the present case reveal a very disquieting picture: an application under Section 12(1) of the Act, instituted in the year 2016, remains undecided to date, despite the statutory mandate for expeditious disposal. Such delay runs contrary to the spirit and purpose of the Act and frustrates its objective of - 5 - HC-KAR NC: 2025:KHC:35535 CRL.P No. 12459 of 2024 affording speedy and effective protection to victims of domestic violence. This Court is of the considered view that the continued pendency of the application for nearly a decade is wholly unjustified and that issuance of appropriate directions is warranted to safeguard the rights of the petitioner and uphold the intent of the legislature. 5. For the foregoing reasons, this Court proceeds to pass the following: ORDER i. The criminal petition is hereby allowed. ii. The learned Magistrate is directed to take up and dispose of, in accordance with law, the application filed by the petitioner under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 in the pending criminal miscellaneous case, within a period of four (4) months from the date of receipt of a certified copy of this order. - 6 - HC-KAR NC: 2025:KHC:35535 CRL.P No. 12459 of 2024 iii. The learned Magistrate shall ensure that unnecessary adjournments are not granted to either party and that the proceedings are conducted with the urgency contemplated by the statute, so as to advance the beneficial purpose of the Act. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 13