RAJAGOPALAN NAIR Vs. O.P.KAMALAKSHI

JUDGEMENT

(1.) Heard the learned counsel for the petitioners, the learned counsel for the respondents as well the learned Public Prosecutor.

(2.) The petitioners are the appellants in Crl.Appeal No.9/2017 preferred by them against the order in M.C.No.11/2013. M.C No.11/2013 was filed by the first respondent herein against the petitioners under Section 12 of the Protection of Women from Domestic Violence Act.

(3.) The learned Judicial First Class Magistrate, Kayamkulam allowed the petition since the respondents therein failed to appear before the court concerned and challenge the petition filed against them. Thereafter they appeared before the court below and filed C.M.P No.5882/2016 to set aside the exparte order dated 12.8.2016. But the court below by a considered order dismissed the application on 09.01.2017. Thereafter the said order was challenged in Crl.Appeal No.9/2017. The learned Additional Sessions Judge-III, Mavelikkara after hearing both sides on 23.03.2020 passed a conditional order directing the petitioners herein to pay a sum of Rs.2500/- as costs and a period of 90 days was also granted to deposit the amount before the Magistrate Court so as to enable them to contest the matter. But they failed to remit the amount and after 90 days these petitioners filed Crl.M.P No.714/2020 seeking extension of time for deposit of the amount. The prayer was rejected and the application was dismissed by the court by an order dated 05.01.2021.