Christopher James Campos v. Rosalin Christina Campos

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.83 of 2016 Christopher James Campos ....

Petitioner None

Versus

1. Rosalin Christina Campos 2.Celesty Flory Campos ....

Opposite Parties

CORAM:

JUSTICE SAVITRI RATHO Order No.

ORDER

28.10.2022 02.

(Through hybrid mode) 1.

None appears for the petitioner when the matter is called. 2.

Office note indicates that " the CRLMC may not lie to this Court as there is provision of appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (in short, "the D.V. Act")" for challenging the impugned order.

3.

The order dated 28.7.2014 passed by the learned J.M.F.C., Jharsuguda in CMC No.380 of 2012 filed under Section 12 of the P.W.D.V. Act, has been challenged in this petition.

4. The case which had been filed on 08.01.2016 is listed for the first time today. More than 6 years have elapsed in the meanwhile. 5.

Section 29 of the D.V. Act is extracted below :

29. Appeal.-There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later. This application is therefore not maintainable before this Court in its present form. That apart, it has been rendered virtually infructuous due to lapse of time. 6.

The CRLMC is therefore disposed of, as infructuous. 7.

Urgent certified copy of this order be granted as per rules. Bichi ............................

(Savitri Ratho) Judge