RAM NARAYAN AND ANOTHER Vs. ARCHANA AND OTHERS

JUDGEMENT

(1.) The present petition lays challenge to the order dated 17.02.2010 passed by the Additional Sessions Judge, Jind whereby the appeal preferred by the applicants/petitioners against the order dated 12.08.2009 passed by the trial Court under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short, the 2005 Act), issuing certain directions in favour of the respondents, was dismissed.

(2.) Counsel for the applicants/petitioners contends that delay of two years and 238 days in filing the petition occurred as the petitioners are illiterate and were upset due to death of their son, husband of Archana. It is further argued that during pendency of the proceedings, Ram Narayan petitioner has passed away and in case impugned order is allowed to sustain, a serious prejudice would be caused to petitioner No. 2.

(3.) Counsel for the respondents, on the other hand, contends that ignorance of law is no excuse and there is no merit in the application for condoning an unexplained delay of two years and 238 days in filing the petition against the order vide which the widowed daughter-in-law and minor grand children of the petitioners have been allowed some protection in view of the provisions of the 2005 Act.