Husbands get only 4 weeks to file assets statement

NT Correspondent

Bengaluru: Henceforth, husbands facing charges under the Protection of Women from Domestic Violence Act will get only four weeks to file the statement of assets and liabilities before the trial court when wives file an application under Section 12 of the Act.

The High Court of Karnataka gave this direction after finding that though it is mandated that such applications are disposed within 60 days, in many cases it was dragging on for years.

The Bench of Justice M Nagaprasanna was hearing a petition by a woman whose application under the Act before the Trial Court was pending for 52 months. Further, the court ordered that if the husband fails to file the asset statement within four weeks, the court can go ahead and accept the application filed by the wife.

“The husband shall be granted four weeks’ time to file his assets and liabilities statement for a decision on an application filed under Section 20 of the Act. If it is not filed within the time frame, the concerned Court shall accept the application filed by the wife/ aggrieved person and pass appropriate orders in accordance with law,” the HC said.

The HC also directed the trial courts to draw up and regulate its procedures to meet the timeline of 60 days to dispose of all applications filed under Section 12 of the Act be it Section 18, 19, or 20. The objections to the applications should also be filed within four weeks. Otherwise, “the Court concerned will be at liberty to pass appropriate orders in accordance with law.”

The HC’s directions came in a case filed by a 28-year-old woman who approached it seeking directions to the lower court to dispose of her applications which were pending since 2018. She was married in 2016 and after the relationship turning sour approached the Magistrate court with the applications under the Act.

Only one of her five applications, regarding non-alienation of properties in the name of her husband, was rejected by the Magistrate court. All the other applications were kept pending. Section 12 of the Act is for applications before a Magistrate seeking one or more reliefs, including payment of compensation or damages.

The HC said that delay means denial of justice. “If the delay takes away the very soul of the enactment, such delay would definitely deny justice. It is, therefore, often said that “justice delayed is justice denied”. If the facts of the case at hand are taken note of, it would display that the petitioner has been denied maintenance and other benefits available under the Act for close to five years now, after she has been out of the matrimonial house.”

Directing the lower court to dispose of the case on hand within four weeks, the HC said, “Adherence to the aforesaid timeline would be of paramount importance, as remedy under Section 12 to an aggrieved person is imperative. Therefore, timely disposal of such applications are also imperative as Section 12 is the salt of the statute; if by delay the salt would lose its savour; the statute would lose its flavor,” the HC said in its judgment.