RAOJI HARMALKAR Vs. SUNANDA KASHINATH HARMALKAR

JUDGEMENT

(1.) By the present Petition, the Petitioners have challenged the order dtd. 29/4/2025 (the Impugned Order) passed by the Learned Additional Sessions Judge-3, North Goa, (the Learned Judge) in Criminal Miscellaneous Application No. 16 of 2025. By the impugned order, the Learned Judge has dismissed the Application filed by the Petitioners seeking condonation of the delay of 323 days in filing an appeal under Sec. 29 of the Protection of Women from Domestic Violence Act, 2005 (the Act). By the Appeal, the Petitioners sought to challenge the interim maintenance order dtd. 2/1/2024, passed by the Judicial Magistrate First Class- C Court, Bicholim (the Judicial Magistrate).

(2.) The 1st Petitioner is the son of the Respondent, and the 2nd Petitioner is the daughter-in-law of the Respondent. The Respondent filed proceedings under the Act against the Petitioners, alleging domestic violence and seeking maintenance from the Petitioners. The proceedings filed by the Respondent are pending before the Learned Judicial Magistrate. However, the Learned Judicial Magistrate was pleased to order interim maintenance of 2000 per month from the date of the Application filed by the Respondent.

(3.) The interim order passed by the Learned Judicial Magistrate came into effect on 2/1/2024. There was no Appeal preferred by the Petitioners against the order dtd. 2/1/2024. The order passed on 2/1/2024 was not complied with by the Petitioners and, therefore, the Respondent was constrained to file an Application before the Learned Judicial Magistrate, inter alia, seeking directions against the Petitioners to comply with the order dtd. 2/1/2024.