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An Application Under Section 483 … vs Ali Rizvi on 16 January, 2020

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Sl. January C.R.R. 162 of 2020

11. 16, 2020

In the matter of: An application under Section 483 of the Code of
Criminal Procedure;

And

In the matter of : Ali Rizvi

Versus

Seema Begum

Mr. Supriyo Das,
…for the petitioner.

This is an application under Section 483 of the Code of Criminal

Procedure praying for expeditious disposal of the proceeding being Miscellaneous

Case No. 109853 of 2016 pending before the learned Metropolitan Magistrate,

Fifteenth Court at Kolkata.

It appears that on March 29, 2019, the case was adjourned as the

presiding officer had been transferred. On April 24, 2019, the presiding officer heard

both sides at length and May 14, 2019 was fixed for appearance, payment and

evidence. On May 14, 2019, there was a Bar resolution and on June 17, 2019, the

presiding officer was on leave. On the next date, that is, on July 25, 2019, the learned

advocate for the opposite party verbally submitted before the court that the opposite

party was not ready to go for evidence and, as such, September 16, 2019 was fixed

for evidence on which date there was a Bar resolution. On the next date fixed, that is,

on November 7, 2019, on filing a petition the opposite party remained absent. These
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are the grounds taken by the petitioner/husband for an order of expeditious disposal

of the proceeding filed under Section 12 of the Protection of Women from Domestic

Violence Act, 2005.

It is true that as per the provision of sub-section (5) of Section 12

of the Protection of Women from Domestic Violence Act, 2005, such application is

required to be taken up expeditiously and summarily for disposal, preferably within

six months. But, because of the provisions of Section 23 of the said Act, invariably

corollary prayer is made for interim relief on behalf of the aggrieved party and, as

such, the matter consumes time for its decision. It would appear from the order dated

April 6, 2017 that an application under Section 23(2) of the Protection of Women

from Domestic Violence Act was allowed on contest in part directing the

petitioner/husband to pay Rs. 20,000/- per month as monetary relief to the opposite

party/wife from the date of passing of the said order within tenth of each succeeding

month. The petitioner/husband was also restrained by an order of injunction to

commit or abet any act of domestic violence or cruelty – mentally or physically – in

any manner whatsoever till disposal of the proceeding under Section 12 of the said

Act.

It is made to understand by the learned advocate for the

petitioner/husband that a first information report for the alleged offence under Section

498A of the Indian Penal Code is also pending against the petitioner, but does not

enlighten the court as to what stage the criminal proceeding is.

Be that as it may, I find that January 10, 2020 was fixed for

evidence. It was deferred as both the parties were absent. Several dates were fixed for
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payment of the interim maintenance by the present petitioner, but the

petitioner/husband had paid only Rs. 12,000/- on the date fixed on June 13, 2018.

Therefore, June 20, 2018 was fixed for payment of Rs. 28,000/- by the

petitioner/husband positively, in default it was directed that necessary order was to be

passed. On the next date, that is, on June 20, 2018 a petition on behalf of the present

petitioner has been filed as he was unable to present the court due to sudden illness.

As such, June 28, 2018 was fixed for payment of a sum of Rs. 40,000/- by the

petitioner/husband. Again, on that date the petitioner/husband failed to pay the

interim maintenance of Rs. 40,000/- in arrear as ordered by the learned Magistrate

and took time. Another date, that is, July 4, 2018 was fixed and thereafter dates after

dates were fixed for payment of the interim maintenance but to no effect. The learned

Magistrate without bothering about his own order passed earlier in the matter of

payment of interim monetary relief goes on fixing the date for appearance and

evidence of the opposite party/wife. But, no order was so passed for clearing the

interim maintenance due payable to the opposite party/wife. On the contrary, the

learned Magistrate has made observation on his wishful thinking that the opposite

party/wife was not interested and eager to conduct the evidence rather was interested

only for interim relief. Such an observation made by the learned Magistrate by order

dated November 7, 2019 is a hopeless observation and a wishful thinking on his part

without making any effort or attempt to get the order passed by the court with regard

to interim maintenance complied with. The fact is that the petitioner/husband has not

complied with the order passed under Section 23 of the Protection of Women from

Domestic Violence Act, yet he is praying for expeditious disposal of the application
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under Section 12 of the said Act.

I do not find any justification to pass any order for expeditious disposal of the

proceeding under Section 12 of the Protection of Women from Domestic Violence Act straightway .

However, the learned Magistrate shall make all endeavour for realisation of the interim maintenance
dns
due in compliance of his order and for payment of the same to the opposite party/wife, otherwise to

take stern action against the petitioner/husband in the event non-compliance of court’s order and

thereafter to proceed with the application under Section 12 of the Act as expeditiously as possible.

With the aforesaid observations, this revisional application is disposed of

without directing the petitioner to serve notice on the opposite party/wife as the order passed by this

court, as aforesaid, will not be prejudicial to the opposite party/wife in any manner.

Let a copy of this order be communicated to the learned Metropolitan

Magistrate, Fifteenth Court at Calcutta, through the learned Registrar Administration (LOM) of this

court forthwith.

( Shivakant Prasad, J. )

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