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Informative

Kerala High Court on Conditional Condonation of Delay in Appeal under the Domestic Violence Act.

Update / Judgement Date

26 Oct 2025

Source

WCP News Bulletin

Author

Sakshi Bhardwaj — WCP Legal Desk

Reading Time

3 min read

Criminal LawOther Legal Matters
Kerala High Court on Conditional Condonation of Delay in Appeal under the Domestic Violence Act.
WCP News Bulletin
Headnote:

The Kerala High Court set aside a conditional order of the Sessions Court that had dismissed an appeal for non-compliance with a deposit condition in a domestic violence maintenance matter. The Court allowed the revision petition on the condition that the petitioner deposit 25% of the arrears of maintenance within 15 days, emphasizing fairness in allowing compliance when non-fulfilment was due to lack of knowledge rather than willful disobedience.


Background:
  1. The petitioner, Ramesh Babu V.K, was the respondent in M.C. No. 7/2021 filed by his wife Reshma C.K under Section 12 of the Protection of Women from Domestic Violence Act, 2005, before the Additional Chief Judicial Magistrate, Thalassery.
  2. By order dated 27.03.2025, the Magistrate directed the petitioner to pay ₹5,000 per month as maintenance.
  3. The petitioner filed Crl. Appeal No. 171/2025 before the Sessions Court, Thalassery, along with an application for condonation of delay.
  4. The Sessions Court condoned the delay by order dated 11.07.2025 (Annexure 1), subject to depositing 25% of the arrears of maintenance.
  5. The petitioner failed to comply with the deposit condition, leading to dismissal of the appeal on 12.08.2025.
  6. His subsequent restoration application (Crl.M.P. No. 5317/2025) was also dismissed by order dated 20.09.2025.
  7. Aggrieved, he filed the present Criminal Revision Petition before the High Court.


Court’s Observations:
  1. The Court noted the petitioner’s submission that he was unaware of the Sessions Court’s conditional order requiring the deposit of 25% arrears, and that non-compliance was unintentional.
  2. The petitioner expressed readiness to comply with the deposit condition if another opportunity was provided.
  3. Considering the nature of relief sought and the willingness to comply, the Court found it appropriate to grant a final opportunity to the petitioner.
  4. Notice to the 2nd respondent (wife) was dispensed with to avoid delay, and the matter was decided on merits after hearing the Public Prosecutor.


Decision:

The Court set aside Annexure 1 order dated 11.07.2025 of the Sessions Judge, Thalassery, subject to the following conditions:

  1. The petitioner shall deposit 25% of the arrears of maintenance within 15 days from the date of the order.
  2. Failure to comply will result in automatic dismissal of the Criminal Revision Petition.
  3. Upon compliance, Crl.M.P. No. 3494/2025 before the Sessions Court shall stand allowed.

The Criminal Revision Petition was disposed of accordingly.


Legal Provisions Concerned:
  1. Section 12, Protection of Women from Domestic Violence Act, 2005 – Application to Magistrate by an aggrieved woman.
  2. Article 227, Constitution of India – Supervisory jurisdiction of High Courts.

Citation: 2025:KER:80436

Case: Ramesh Babu V.K v. Reshma C.K & State of Kerala

Court: High Court of Kerala at Ernakulam

Coram: The Honourable Mr. Justice C. Pratheep Kumar

Date of Decision: 27 October 2025

Criminal Revision Petition No.: 1091 of 2025