HASNA Vs. NISAR MOIDEENKUTTY

JUDGEMENT

(1.) This original petition has been filed against the order in C.M.P.No.670/2020 in Crl.A.No.171/2020 of the Sessions Court, Kozhikode.

(2.) The petitioner filed M.C.No.43/2019 before the Judicial First Class Magistrate Court-II, Thamarassery under Sec. 12 of Protection of Women from Domestic Violence Act, 2005 (in short 'the DV Act'). In that petition, she had filed C.M.P.No.3794/2019 under Sec. 21 read with Sec. 23(2) of the Act, seeking for interim custody of the minor child. By Ext.P4 order, the learned Magistrate dismissed the petition. Against which the petitioner filed Crl.A.No.171/2020 before the District and Sessions Court, Kozhikode along with a delay condonation petition C.M.P.No.670/2020 for condoning the delay of 72 days. By Ext.P7 order, the learned Sessions Judge dismissed the delay condonation petition and consequently, the appeal also dismissed. Aggrieved by the same, the petitioner came up before this Court by filing this original petition.

(3.) The learned counsel for the petitioner submitted that the petitioner had seen the child in July 2019. Thereafter, she had no occasion to see the child.