K NIRANJANI Vs. R T DINESH

JUDGEMENT

(1.) This appeal arises out of the judgment of dismissal dated 19.10.2010, in M.P.No.5872 of 2010 in D.V.A.C.No.1 of 2010, on the file of the learned XV Metropolitan Magistrate, George Town, Chennai, stating that on the absence of complainant, the complaint has been dismissed and the accused were acquitted.

(2.) The appellant/wife had filed an application against the respondents herein, who is her husband, father-in-law and mother-in-law respectively, under Sections 12 R.W.S. 18, 19, 20(1) & 22 of the Protection of Women from Domestic Violence Act, 2005, which was taken on file in D.V.A.C.No.1 of 2010 and interim order of Rs.25,000/- per month has been awarded to the wife as maintenance and the right of residence was ordered. As per the order dated 08.03.2010, the above said order has been modified. Therefore, her husband, who is the first respondent herein had filed C.A.No.39 of 2010 before the Appellate Forum for reducing the maintenance and the wife, who is the appellant herein, had filed C.A.No.46 of 2010 for right of residence. Both the appeals have been disposed of on 24.09.2010, with a direction to dispose of the main petition in D.V.A.C.No.1 of 2010 within 60 days. But on 19.10.2010, since the appellant/complainant was called absent, the learned XV Metropolitan Magistrate, by invoking Section 256 Cr.P.C., dismissed the complaint and acquitted the respondents herein, against which, the present appeal has been preferred by the wife/complainant.

(3.) Mr. P.Ezhil Nilavan, learned counsel for the appellant/ complainant submitted that when the matter was posted on 19.10.2010, the counsel for the wife, who has to appear before the Court, was admitted in hospital. As the wife/appellant herein was also suffering from stomach pain, she sent the medical certificate through her uncle and on her behalf, her uncle appeared before the Court. But the Court, not accepting to receive the adjournment petition, dismissed the complaint. In the after noon, on the same day, the wife/appellant/complainant herself appeared before the Court and she was directed to file an application for restoration of the same on the very next day. But that restoration petition was not entertained by the trial Court. He further submitted that even though 60 days time has been granted, the learned XV Metropolitan Magistrate without giving any opportunity, dismissed the complaint for non prosecution. Since wife/appellant is a deserted wife and she is left in lurch, he prayed for setting aside the order.