Baranichandran and Others Vs. Susila

Baranichandran and Others vs Susila

Type Court Judgment Court Chennai Madurai Decided Jun 09, 2016

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https://sooperkanoon.com/case/1190640

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Citation: sooperkanoon.com/1190640
Court: Chennai Madurai High Court
Judge: The Honourable Dr. Justice P. Devadass
Decided On: Jun 09, 2016
Case Number: C.R.L.RC(MD) No. 282 of 2016
Subject: Miscellaneous

Case Summary

AI-generated summary - not the official court judgment text.

Miscellaneous

Key legal issue: Miscellaneous

Parties & Advocates

Appellant / Petitioner

Baranichandran and Others

Respondent

Susila

Excerpt

.....magistrate seems to have granted certain reliefs in favour of the wife and minor son. this was not liked by the husband, so also her in-laws. so, they wanted to prefer appeal as against the said order. in this connection, they are late comers by 6 days. the learned principal sessions judge, thanjavur, considered it liberally. however, taxed them to pay a cost of rs.500/- to the respondent. somehow or other, they have missed it. that resulted in missing of their delay condonation petition. the missed persons are before us. 3. the learned counsel for the petitioners submitted that the petitioners don't want to miss any more and they are ready to pay the cost of rs.500/- even directly to the learned counsel for the respondent. 4. the learned counsel for the respondent also did not stand in the way of the court issuing directions to that effect. 5. in the circumstances, ordered as under: i. this criminal revision is allowed. ii. the order, dated 29.03.2016, passed in crl.m.p.no.3881 of 2015 in ufca/2015, by the learned principal sessions judge, thanjavur, is set aside. iii. the delay is condoned. iv. the revision petitioners will pay the cost of rs.500/- directly to the learned counsel for the respondent. v. the learned principal sessions judge, thanjavur, will take further action on the appeal memorandum filed by the husband and his parents.

Full Judgment

(Prayer: Criminal Revision Petition is filed, under Section 397 r/w 401 Cr.P.C., to call for the records in Crl.M.P.No.3881 of 2015 in UFCA/2015, on the file of the learned Sessions Judge, Thanjavur, dated 29.03.2016, and set aside the same.)

1. The husband and his parents in a D.V.Act case are before us, since their delay condonation petition in preferring appeal as against the order of the learned Magistrate has been dismissed.

2. The respondent is fighting with her husband, so also her in-laws. It is a family dispute. In this connection, she sought for certain reliefs under the Domestic Violence Act, before the learned Judicial Magistrate, Thiruvaiyaru. The learned Magistrate seems to have granted certain reliefs in favour of the wife and minor son. This was not liked by the husband, so also her in-laws. So, they wanted to prefer appeal as against the said order. In this connection, they are late comers by 6 days. The learned Principal Sessions Judge, Thanjavur, considered it liberally. However, taxed them to pay a cost of Rs.500/- to the respondent. Somehow or other, they have missed it. That resulted in missing of their delay condonation petition. The missed persons are before us.

3. The learned counsel for the petitioners submitted that the petitioners don't want to miss any more and they are ready to pay the cost of Rs.500/- even directly to the learned counsel for the respondent.

4. The learned counsel for the respondent also did not stand in the way of the Court issuing directions to that effect.

5. In the circumstances, ordered as under:

i. This criminal revision is allowed.

ii. The Order, dated 29.03.2016, passed in Crl.M.P.No.3881 of 2015 in UFCA/2015, by the learned Principal Sessions Judge, Thanjavur, is set aside.

iii. The delay is condoned.

iv. The revision petitioners will pay the cost of Rs.500/- directly to the learned counsel for the respondent.

v. The learned Principal Sessions Judge, Thanjavur, will take further action on the appeal memorandum filed by the husband and his parents.

Same Court & Year Chennai Madurai · 2016 Same Parties Baranichandran and Others vs Susila Same Subject Miscellaneous Same Judge The Honourable Dr. Justice P. Devadass