- 1 - HC-KAR NC: 2025:KHC:35925 WP No. 15570 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 15570 OF 2025 (GM-RES) BETWEEN: SMT.SHILPA V W/O N.B.KUMAR, D/O VASUNAYAK, AGED ABOUT 42 YEARS, R/AT NO.73, 2ND CROSS, GAVIPURAM EXTENSION, BENGALURU-560019 …PETITIONER (BY SRI. GADILINGAPPA G M., ADVOCATE) AND: SRI.N.B.KUMAR S/O LATE NARASIMHAIAH, AGED ABOUT 46 YEARS, R/AT NO.185/4, JALAHALLI VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560013 …RESPONDENT THIS WP IS FILED PRAYING TO DIRECT THE HON'BLE JUDICIAL MAGISTRATE FIRST CLASS (TRAFFIC COURT-II) EARLIER IT WAS METROPOLITAN MAGISTRATE TRAFFIC COURT-II AT BENGALURU, IN CRL. MISC NO.161/2016 TO DISPOSE OF THE APPLICATIONS FILED BY THE PETITIONER DATED 21-10-2016 AND 12-01-2021 U/S 12, 18, 19 (F), 20 AND 22, 20 AND 23(2), 23(2) AND 19 (1) (F) OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 AT ANNEXURE NOS. B, C, D, E, F, G AND H WITHIN A STIPULATED PERIOD OF TIME. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35925 WP No. 15570 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition has been filed by the petitioner, a helpless wife, who has been compelled to run from pillar to post without any resolution of her grievance. By the present petition, she seeks appropriate directions against the Court below to ensure expeditious disposal of her application filed under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 (“the Act”). 2. Heard learned counsel for the petitioner. 3. The petitioner/wife filed an application under Section 12 of the Act in C.Misc. No. 161/2016, seeking reliefs intended to protect women from domestic violence, including maintenance, residence, and protection from harassment. Section 12(1) of the Act, read with the legislative intent, mandates that the Magistrate is empowered and obliged to provide timely and effective - 3 - HC-KAR NC: 2025:KHC:35925 WP No. 15570 of 2025 relief to women facing domestic violence. The Act envisages a speedy and efficacious mechanism to ensure that women are not left in a state of helplessness and that the law fulfills its protective and rehabilitative objectives. 4. It is a matter of serious concern that the proceedings in C.Misc. No. 161/2016 have been pending since 2016, resulting in undue delay and effectively denying the petitioner the relief guaranteed under the Act. The prolonged pendency of the proceedings frustrates the very purpose of Section 12(1), which aims to ensure immediate and just protection to women subjected to domestic violence. 5. In view of the foregoing, the petitioner has made out a case for this Court to issue appropriate directions to ensure that the application filed under Section 12(1) is expeditiously adjudicated, thereby giving effect to the legislative intent of the Act and safeguarding the rights of the aggrieved wife. - 4 - HC-KAR NC: 2025:KHC:35925 WP No. 15570 of 2025 6. Accordingly, this Court proceeds to pass the following: ORDER (i) The petition is allowed; (ii) The learned Judicial Magistrate First Class (Traffic Court II), Bengaluru, is hereby directed to expeditiously decide the application filed in Crl. Misc. No. 161/2016, and the same shall be finally adjudicated within a period of six months from the date of receipt of a copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 84