SURESHA Vs. PRAMILA

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the order of dismissal dtd. 18/9/2019 in Crl.A.No.57/2019 on the file of the Court of IV Additional District and Sessions Judge, Mandya, on I.A.No.1 filed by the petitioner herein under Sec. 5 of Limitation Act (for short "Act") and consequently dismissing the main appeal. Brief facts of the case are as under:-

(2.) The respondent herein / wife has filed a petition under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (for short " PWDV Act ") against the petitioner, his mother and his sister, in C.Misc.No.44/2010 before the Court of JMFC at Mandya, which was partly allowed by granting maintenance of Rs.6,000.00 per month from the petitioner herein / husband only. Being aggrieved, the petitioner herein challenged the same before the Court of IV Additional District and Sessions Judge at Mandya in Criminal Appeal No.57/2019 and there is a delay of 49 days in filing the appeal and as such, an application for condonation of delay under Sec. 5 of the Act has been filed. The said application was dismissed and consequently, the appeal was also dismissed. Being aggrieved, the petitioner has filed this revision petition.

(3.) Heard Shri Vijay Shetty.B., learned counsel for the petitioner and Shri Chethan B.C., learned counsel for the respondent.