ORDER

This Criminal Revision Petition has been filed to set-aside the order dated 08.04.2021 in Crl.M.P.No.651 of 2021 in Crl.Appeal No.68 of 2021 on the file of the Principal District and Sessions Court, Chennai.

2. Petitioner is the wife. Respondent is the husband.

3. The petitioner filed the complaint under D.V.Act. before the learned Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai, through Protection Officer. Though notice served on the respondent, he did not appear before the Mahila Court, hence, the Metropolitan Magistrate passed exparte order, directing the respondent to pay sum of Rs.50,000/- per month to the petitioner towards maintenance. Challenging the said order, the respondent herein filed the appeal before the Principal Sessions Judge, Chennai in Crl.A.No.68 of 2021. Since there is a delay of 778 days in filing the appeal, he filed the petition in Crl.M.P.No.651 of 2021 to condone the delay. The learned Principal District and Sessions Judge, considered the fact and condoned the delay and taken the appeal on file in Crl.A.No.68 of 2021. Wife has challenged the order passed by the Principal District and Sessions Judge in Crl.M.P.No.651 of 2021.

4. Learned counsel for the petitioner/wife would submit that there is a delay of 778 days in filing the appeal and the delay has not been properly explained by the respondent and the learned Sessions Judge/appellate Court failed to consider the same and simply condoned the delay, which warrants interference of this Court.

5. The learned counsel for the respondent/husband would submit exparte order dated 02.11.2018 has been passed on the complaint in D.V.No.65 of 2018 by the Metropolitan Magistrate, Egmore, Chennai. Since the respondent residing in abroad and he is not aware of the fact, subsequently, after coming to know, he filed the petition in Crl.M.P.No.107 of 2020 before the Metropolitan Magistrate, to set aside the exparte order.

The said petition was contested by the petitioner/wife herein for two years. After two years, the learned Metropolitan Magistrate dismissed the petition on 17.12.2020. Since the petition to setaside the exparte order was dismissed that the petition is not maintainable, the respondent/husband filed the Criminal Appeal before the Principal District and Sessions Judge with the delay of 778 days. Already the petitioner filed the maintenance petition, and she got maintenance of Rs.50,000/- and she suppressed the same and in order to give torture to the respondent/husband, filed the petition one after another, invoking one Act after another Act. Since the order passed by the Magistrate is exparte order, already he is also paying sum of Rs.50,000/- as maintenance in other proceedings, he filed the petition in Crl.M.P.No.651 of 2021 to condone the delay in filing the appeal before the Principal District and Sessions Court, Chennai and the appellate court rightly considered the same and condoned the delay. Since the delay is only due to proceed the exparte order and to setaside the petition. Therefore, there is no merit in the revision and the revision is liable to be setaside. Further, the petitioner has suppressed all the earlier proceedings and obtain maintenance in other proceedings also and the petitioner has not come to the Court with clean hands. The petitioner is not interested to live with the respondent and only she interested to get the money from the respondent/husband. The appellate court rightly condoned the delay and there is no merit in the revision and the same is liable to be dismissed.

6. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the records.

7. Admittedly, the petitioner is the wife and the respondent is the husband. Matrimonial and other proceedings were pending between the parties. However, the petitioner filed the complaint before the protection officer, the protection officer, after completing the enquiry, filed the complaint before the Metropolitan Magistra