The importance of due process in appeals under the Protection of Women from Domestic Violence Act, ensuring the aggrieved parties are given fair opportunities to present their cases.

ORDER

The case projected in this Criminal Revision Petition is as follows:- The revision petitioner is the 1st respondent in a proceeding under the Protection of Women from Domestic Violence Act (PWDV Act) before the Judicial First Class Magistrate Court, Kakkanad and the respondent herein is the wife of the revision petitioner. The respondent preferred the petition before the Court below under the PWDV Act seeking an order of protection, order of residence, maintenance, return of 20 sovereigns of gold and for compensation. The appellant filed objection refuting the allegations and claims in the complaint. The court below by the order dated 28/06/2018, restrained the revision petitioner for committing any act of physical violence against the respondent. The petitioner herein is also directed to pay a sum of Rs.3,000/- per month to the aggrieved person and Rs.2,000/- each to the minor children. The court below further ordered to pay a sum of Rs.7,500/- per month towards the rent to the respondent. All other prayers were disallowed. Aggrieved by the order and judgment of the trial Court the petitioner preferred an appeal before the Sessions Court, Ernakulam as Criminal Appeal No.77 of 2019. As there was delay in filing the criminal appeal a petition to condone the delay in filing the criminal appeal, was also filed as Criminal M.P.No.810 of 2019 in Criminal Appeal No.77 of 2019. The lower appellate Court ordered notice on 20.05.2019 and the matter was posted for return of notice on 11.07.2019. The advocate clerk attached to the office of the petitioner wrongly posted the case as 11.08.2019. The case was called on 11.07.2019 and the lower appellate Court dismissed the petition to condone the delay for default and consequently Criminal Appeal No.77 of 2019 on default. It is in the light of these averments and contentions, the petitioner has filed the instant Criminal Revision Petition with the following reliefs:

“........pleased to allow the above Criminal Revision Petition and set aside the impugned Order dated 11.07.2019 in Criminal Appeal No.77 of 2019 and the interlocutory order in Criminal M.P.No.810 of 2019 in Criminal Appeal No.77 of 2019 on the file of the Sessions Court Ernakulam and direct the lower appellate court to consider Criminal Appeal No.77 of 2019 and the interlocutory applications therein after on merits.”

2. After having considered the facts and circumstances of the case as well as the pleadings and materials on record, this Court is of the considered view that the impugned order passed by the Sessions Court dismissing the delay condonation application in filing the appeal on default and consequently dismissing the main Criminal Appeal requires serious consideration at the hands of the said Court. The matter, therefore, warrants a remit. Since the 1st respondent will be heard by the Sessions Court at the time of remit, notice to 1st respondent will stand dispensed with. Accordingly, it is ordered that the impugned order dated 11.7.2019 rendered by the Sessions Court, Ernakulam dismissing Crl.M.P.No.810/2019 (delay condonation application) in Crl.Appeal No.77/2019 for default will stand set aside and consequently, the orders/judgment passed by the said Court dismissing the main Criminal Appeal will stand recently set aside. The matter in Crl.M.P.No.810/2019 in Crl.Appeal No.77/2019 as well as the main matter in Crl.Appeal No.77/2019 will stand remitted to the Sessions Court, Ernakuklam for consideration afresh. The Sessions Court will grant reasonable opportunity of being heard to the learned Advocates appearing for the revision petitioner herein as well as R1 herein and then will pass orders afresh on the plea for delay condonation made out in Crl.M.P.No.810/2019 filed in the above appeal without much delay preferably within a period of one month from the date of production of a certified copy of this judgment. Depending upon the outcome of such orders to be passed in the delay condonation application, the Ses