B.Dinesh Kumar v. Poornima

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.11.2025

CORAM

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR and CMP.No.29676 of 2025 1.B.Dinesh Kumar 2.Jothimani ... Petitioners Vs Poornima ... Respondent PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the order passed by the learned Principal District and Sessions Judge, Coimbatore on 27.01.2025 in M.P.No.1 of 2024 in C.R.P.No.Un-numbered of 2024 against C.M.P.No.47866 of 2023 in DVA No.163 of 2023 order dated 18.01.2024 on the file of the learned Special Judicial Magistrate for Trial of Domestic Violence Act Cases, Coimbatore and pass orders.

For Petitioners : Mr.M.Vijaya Ragavan

ORDER

This civil revision is filed challenging the order passed by the Principal District and Sessions Judge, Coimbatore, dated 27.01.2025, allowing the 1/4

petition in M.P.No.1 of 2024 in C.M.P.No.47866 of 2023 in DVA No.163 of 2023, filed by the petitioners to condone the delay of 48 days in filing a criminal appeal, by imposing a condition to deposit Rs.1,00,000/- to the credit of DVA.No.163/2023.

2. The respondent herein filed a Domestic Violence complaint against the petitioners. In the said proceedings, an interim order was passed by the learned Special Judicial Magistrate directing the first petitioner herein to pay a sum of Rs.20,000/- per month as interim maintenance to the respondent. Aggrieved by the said order, the petitioners preferred an appeal. However, there occurred a delay of 48 days in preferring the criminal appeal. Hence, the present petition has been filed by the petitioners seeking to condone the delay of 48 days in preferring the criminal appeal. This condone delay petition was allowed by the learned Judge on 27.01.2025 by imposing a condition that the petitioners shall deposit a sum of Rs.1,00,000/- before the Special Judicial Magistrate for Trial of Domestic Violence Cases, Coimbatore. Aggrieved by the imposition of condition, the petitioners have come before this Court.

3. Even according to the learned counsel appearing for the petitioners, as on date, the arrears of maintenance as ordered by the learned Judicial 2/4

Magistrate, is approximately Rs.4,80,000/- However, as a condition for condoning the delay, the trial Court directed the first petitioner to deposit nearly 1/4th of the amount namely Rs.1,00,000/-. Having regard to the quantum of arrears payable by the first petitioner, this Court feels that the condition imposed by the learned Principal District & Sessions Judge, Coimbatore, appears to be reasonable. Therefore, I do not find any perversity in the said order.

4. Accordingly, this civil revision petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

27.11.2025 Index : Yes / No Speaking Order : Yes / No ds To:

1.The Principal District & Sessions Judge Coimbatore.

2.The Section Officer VR Section High Court, Madras.

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S.SOUNTHAR, J, ds 27.11.2025 4/4