R SHANKAR Vs. MINOR SANGEETHA

JUDGEMENT

(1.) The petitioner seeks the relief to set aside the order of the learned Principal Sessions Judge, Chengapattu dated 4.12.2006 dismissing the order in CRP No.110 of 2005 filed before the Learned Judicial Magistrate 2, Kancheepuram dated 27.02.2005 in M.C. No. 4 of 2004.

(2.) The petitioner has challenged the order of maintenance made in favour of a minor girl by name Sangeetha represented by her mother. Such petition has been dismissed for non-prosecution on 04.12.2006. Perusal of the records reflects that the petitioner had been absent on 04.12.2006 and the earlier hearing date on 07.11.2006. Learned counsel for the petitioner prays that an opportunity be provided to the petitioner to canvas his case on merits. Though initially a Legal Aid counsel has been appointed, subsequently appearance has been caused on behalf of the respondents, none appeared on her behalf. On the merits of the case, this Court is of the considered view that order of dismissal ought not to have been made merely because the petitioner had not appeared before the Judicial Court on two occasions.

(3.) Accordingly, this petition shall stand allowed and the learned Principal Sessions Judge, Chengalpattu shall restore the case in CRP No.110 of 2005 and dispose of the same within a period of three months from the date of receipt of a copy of this order. The petitioner is directed to appear before the court on 19.04.2010.