03 Mar 2026 19:16 PM

Domestic Violence--Section 12(5) DV Act Mandates Expeditious Disposal; Unnecessary Adjournments Defeat Legislative Object

Under Section 12(5) of the Protection of Women from Domestic Violence Act, 2005, a Magistrate is required to endeavour to dispose of every application under Section 12(1) within 60 days of its first hearing. Though strict compliance within 60 days may not always be practical, the provision mandates expeditious disposal. Unnecessary or long adjournments defeat the object of the Act, which provides effective protection to women under Article 15 of the Constitution. Trial courts must resist requests for repeated adjournments while ensuring effective hearing to both parties.

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