This criminal writ petition challenged the rejection of an application to condone delay in filing an appeal under the Domestic Violence Act. The Court dismissed the writ petition, finding the delay unexplained and no cause shown for condonation.
Writ petition dismissed. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
hcs
1 8.w1451.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1451 OF 2016
Bharat Dagadu Batavale & Ors. .. Petitioners. Vs. Manisha Bharat Batavale & Anr. .. Respondents.
Mr.Patil Kishor Shrirang for the Petitioners. Ms.Prachita P. Vare for Respondent No.1. Mr. S.V. Gavand APP for the State.
CORAM : A. K. MENON, J.
DATED : 25TH JULY, 2017
P.C. :
2 8.w1451.16
about 17 months had passed. The application taken out for delay does not mention the length of delay or the reason for delay that has occasioned. It merely repeats the contention that the applicant had no knowledge of legal procedure and that settlement talks were underway.
2 issues framed by the court
Whether a writ petition lies refusing to condone the delay in filing an appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005.
Whether general ignorance of law and lack of interim maintenance payment constitute sufficient grounds for condonation of delay.
1 provisions across 1 enactments
Bharat Dagadu Batavale & Ors.
Manisha Bharat Batavale & Anr.
A. K. Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
