The court emphasized the necessity of proper notice in legal proceedings to uphold due process.

ORDER

Revision petitioner herein is the first respondent in M.C.No.32 of 2012 of Judicial First Class Magistrate Court-1, Perumbavoor filed under section 12 of the Protection of Women from Domestic Violence Act, 2005 , initiated by the first respondent herein. MC was dismissed. It was carried in appeal by the first respondent herein in Crl.Appeal.No.546 of 2014. Lower appellate court reversed the order in M.C.No.32 of 2012 and allowed the appeal in part directing the first respondent to pay monthly maintenance to the appellant from the date of petition. This is challenged in this Crl.R.P.

2. The contention of the learned counsel for the revision petitioner is that, petitioner was not served with any notice in the appellate court and judgment of the appellate court was passed behind the back of the revision petitioner.

3. I have called for the original records. It is clear from the original records that, notice was not sent from the appellate court to the respondent. Original summons is still seen on the file. There is nothing on record to show that, it was served on the revision petitioner or vakkalath filed on his behalf. It seems from the proceedings that, court below has recorded that notice was served, in fact, there is no service at all. Having considered this, I am inclined to hold that the judgment passed by the appellate court is not legally sustainable and is liable to be set aside.

In the result, revision petition is allowed. Judgment dated

05.04.2017 in Crl.Appeal.No.546 of 2014 stands set aside. The matter is remitted to the lower appellate court for fresh consideration of Crl.Appeal.No.546 of 2014 after giving reasonable opportunity to both sides to contest the matter on merits. Since the relief was granted by the lower appellate court against the revision petitioner herein alone, revision petitioner has not arrayed the remaining respondents in the MC before this Court. However, the appellate court shall issue notice to the remaining respondents in the appeal. Both sides shall appear before the court below on 31.10.2018 without any further notice. Court below shall take up the appeal and dispose it of as expeditiously as possible, at any rate, within two months from the date of completion of service.

Sd/-

SUNIL THOMAS JUDGE

Sbna/

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE -A TRUE COY OF THE NOTICE IN MP 436/18 IN MC

32/12 OF JUDICIAL FIRST MAGISTRATE COURT-1 PERUMBAVOOR.