Ravasobabul Naik v. Sapana Ravaso Naik And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. REVISION APPLICATION NO. 208 OF 2015 Shri Ravaso Babu Naik ... Applicant/Petitioner.

V/s.

Sou Sapana Ravaso Naik & Ors.

... Respondents.

­­­ Mr. A. M. Savagare, Advocate for the Applicant/Petitioner. Mr. Rajesh More, APP for the State.

­­­ CORAM : M.L.TAHALIYANI,J.

DATE : 14th JULY, 2015 P.C. :

Heard the learned counsel appearing for the applicant and the learned additional public prosecutor for the State. Respondent no.2 has chosen to remain absent though served.

The applicant is husband of respondent no.1 and he is aggrieved of grant of monetary relief to respondent no.1 by the Magistrate under the Protection of Women from Domestic Violence Act, 2005. He has filed an appeal before the Sessions Court. The appeal was delayed by 24 days. The Sessions Court refused to condone the delay. The learned counsel for the applicant submits that since settlements talks were in progress, the applicant avoided to file appeal hurriedly. As Borey 1/2

spb/ 4revn208-15.sxw such the delay has been properly explained. The learned Sessions Judge should have condoned the delay. The revision application is allowed. The delay in filing the appeal stands condoned. The Sessions Court shall register the appeal and hear the same in accordance with the law.

The revision application stands disposed of in the above terms.

(JUDGE) .....

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