POONAM Vs. V.P.SHARMA

JUDGEMENT

(1.) This matter although listed on several dates, but none for the parties has attended the court. The Supreme Court in a case reported in entitled K.S.Panduranga vs. State of Karnataka, 2013 3 SCC 721 has clearly held that the courts are not bound to dismiss in default the case on account of non appearance of the parties. It is also not obligatory on the part of the court in all circumstances to engage amicus curiae. The court is not bound to adjourn the matter if both the appellant or his counsel/lawyer are absent and the court is fully empowered to decide the matter on merit. In premise of that this court had fixed the matter for final disposal when none of the parties has attended the court despite the adjournment of the case. Even, since the case had been reserved for orders, none of the parties had attended the court. The court thought it proper to proceed with the disposal of the matter on merit instead of dismissing it for non prosecution since only the question of law is involved in this case.

(2.) The petitioner has invoked the jurisdiction of this court under Section 482 Cr.P.C. against the order dated 18th November, 2008 passed in the Criminal Appeal No.24/2008 under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'D.V.Act'). The said appeal had arisen out of the orders dated 21st February, 2008 of learned M.M.

(3.) The brief facts of the case are that the petitioner was married to respondent on 18th January, 1979 according to the Hindu rites and customs. The couple was blessed with a son. Subsequently, some differences had erupted between the parties. After a round of litigations, the parties settled their dispute and divorced by mutual consent was obtained on 3rd May, 2003. The parties, however, failed to abide by the terms and conditions of their settlement and further litigation ensued between them. The son of the parties also moved the court for maintenance under Section 125 Cr.P.C. which is still pending. It was under these circumstances that a petition dated 1 st January, 2008 under Section 12 of the D.V.Act was filed by the petitioner after passing of the D.V.Act by the Parliament on 26th October, 2006.