Suri Satish Babu v. Smt.Suri Durga Prasanna

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.26632 of 2018 ORDER:

Admittedly, the petitioner has alternative remedy under Section 29 of Protection of Women from Domestic Violence Act, 2005 (DVC Act).

Learned counsel for the petitioner submits that the petitioner was not served with any notice and without serving notice, the petitioner was set exparte by sending whatsapp message. He further submits that the petitioner has not noticed the same. It is to be seen that the aspect of non-receipt of notice can be examined in the appeal to be filed under Section 29 of the DVC Act and appeal lies to the Court of Sessions against the order under challenge.

Since the petitioner has alternative remedy of appeal, this Court is not inclined to entertain the writ petition. However, it is open for the petitioner to prefer the appeal and the Court of Sessions will examine the said aspect.

Subject to above observations, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

Office to return the original order copy impugned in the writ petition to the counsel for the petitioner.

_________________________ A.RAJASHEKER REDDY,J 31-07-2018 Nvl