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2015 Supreme(Bom) 1831

K.L.WADANE
Anthony Johnson – Appellant
Versus
Kavita Glory – Respondent


Advocates Appeared:
Mr. Ganesh R.Naik, Advocate for the petitioners.
Mr. E.P. Heredia, Advocate for the respondent no.1. Ms. M. Pinto, APP for the respondent no.2.

Judgement :

Heard Mr. Naik, learned counsel for the petitioner, Mr. E. Heredia, learned counsel for the respondent no.1 and Ms. M. Pinto, the learned Additional Public Prosecutor for the respondent no.2.

2. Rule. Rule returnable forthwith. Heard by consent of the parties. The learned counsel appearing for the respective parties waive notice.

3. This is a criminal writ petition filed by the petitioners seeking to quash and set aside the order passed by the Additional Sessions Judge, Panaji on 13.4.2015 by which the application of the petitioners for condonation of delay has been dismissed in default. Hence, the present Writ Petition.

4. Brief facts of the case may be stated as under:-

The petitioner no.1 is working as Hawaldar in the Indian Army. The petitioner no.2 is the Senior Citizen and resides out of Goa. The respondent no.1 is legally wedded wife of the petitioner no.1. The respondent no.1 filed a complaint under the Protection of Women from Domestic Violence Act, 2005. That petition is partly allowed by the Judicial Magistrate First Class. The petitioner preferred an appeal before the Sessions Judge along with application for condonation of delay. The application for condonat




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