Appukuttan vs Ambili
2024 Latest Caselaw 27792 Ker

Kerala High Court

Appukuttan vs Ambili on 13 September, 2024

Author: K. Babu

Bench: K. Babu

Crl.R.P.No.708 of 2022
                                         1

                                                        2024:KER:70078
                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                         THE HONOURABLE MR.JUSTICE K. BABU

    FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                            CRL.REV.PET NO. 708 OF 2022


          AGAINST THE ORDER DATED 06.02.2020 IN MC NO.3 OF 2017 OF

GRAMA NYAYALAYA, PUDUPPARIYARAM. ARISING OUT OF THE JUDGMENT

DATED 19.07.2022 IN CRA NO.97 OF 2020 OF ADDITIONAL DISTRICT AND

SESSIONS COURT, PALAKKAD.



REVISION PETITIONER/APPELLANT/2ND RESPONDENT

               APPUKUTTAN,
               AGED 69 YEARS,
               S/O.KUTTAPPAN,
               KULATHUMPALLA VEEDU,
               EZHAKKAD, MUNDUR,
               PALAKKAD, PIN - 678 592.


               BY ADV V.A.JOHNSON (VARIKKAPPALLIL)


RESPONDENTS/RESPONDENT/PETITIONER & STATE:


      1        AMBILI,
               AGED 30 YEARS,
               D/O.SUBRAMANIAN,
               PULIYAMPARAMBU VEEDU, VADAKKETHARA,
               PUDUSSERY, PALAKKAD,
               PIN - 678 623.

      2        STATE OF KERALA,
               REPRESENTED BY PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA,
               ERNAKULUM,
               PIN - 682 031.
 Crl.R.P.No.708 of 2022
                                       2

                                                           2024:KER:70078
               BY ADVS.
               SRI.T.K.SANDEEP
               SMT.VEENA HARIKUMAR
               SMT. SWETHA R.
               SMT.SHEEBA THOMAS, PUBLIC PROSECUTOR


       THIS      CRIMINAL   REVISION   PETITION   HAVING   COME   UP   FOR
ADMISSION ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl.R.P.No.708 of 2022
                                           3

                                                                    2024:KER:70078
                                   C.S.SUDHA, J.
              --------------------------------------------------------------
                              Crl.R.P.No.708 of 2022
             ---------------------------------------------------------------
                  Dated this the 13th day of September 2024


                                     ORDER

This revision petition has been filed by the appellant in

Crl.Appeal No.97/2020 on the file of the Court of Session, Palakkad,

which appeal was filed against the order dated 06/02/2020 of the

Grama Nyayalaya, Puduppariyaram in M.C.No.03/2017.

M.C.No.03/2017 was filed by the 1st respondent herein against her

husband and in-laws. As per order dated 06/02/2020, M.C. was partly

allowed and the 1st respondent/husband was directed to pay

maintenance from 24/03/2017 at the rate of ₹15,000 and the 2 nd

respondent/father-in-law was directed to pay ₹1,25,000/- within a

period of one month and in default to pay the said amount with 6%

interest. This order was challenged by the 2nd respondent/father-in-law

in Crl.A.No.97/2020, which appeal has been dismissed for default as

per the impugned judgment. Hence the appeal. The parties in this

revision will be referred to as described in M.C.03/2017.

2024:KER:70078

2. Heard both sides.

3. It is well settled that once the Court decides not to dismiss

an appeal summarily, it should be heard and disposed of on merits

(Bani Singh v. State of Uttar Pradesh, 1996 KHC 333:(1996) 4 SCC

720). Therefore, the trial court certainly went wrong in dismissing the

appeal for default. The impugned judgment is therefore set aside and

the appellate court is directed to consider and dispose of the matter on

merits. Taking into account the fact that neither the appellant nor his

counsel was present, cost of ₹1,000/- to be paid to the 1 st respondent

herein, that is, the petitioner in M.C.03/2017. A memo of compliance

shall be filed before the appellate court within a period of two weeks

from today. The revision petition is disposed of accordingly.

Sd/-

C.S.SUDHA JUDGE ak