2012 CRI. L. J. 2142 ::2012 (2) AIR Kar R 522 ::(2013) 2 MarriLJ 251 ::(2013) 1 HinduLR 140 ::(2013) 2 CivLJ 133 ::(2012) 4 CivilCourtC 492 ::(2013) 4 RecCriR 79 ::(2013) 4 RecCivR 506 ::(2013) 2 CurCC 44 ::2012 (3) CurCC 571 ::(2013) 1 AllCriLR 609 ::(2013) 2 Crimes 59 ::2012 (3) Crimes 725 ::2012 (3) DMC 599 ::(2012) 2 KCCR 1149 ::2012 (2) KantLJ 634 ::(2012) 116 AllIndCas 806 (KAR)

Karnataka High Court

Hon'ble Judge(s): V. Jagannathan , J

Protection of Women from Domestic Violence Act (43 of 2005) , S.29, S.36— Limitation Act (36 of 1963) , S.29(3), S.5— Appeal - Delay in filing - Condonation - Provisions of Limitation Act are applicable to appeals filed under Domestic Violence Act - Delay in filing appeal hence can be condoned by invoking S. 5 of Limitation Act. Sub-section (3) of Section 29 of Limitation Act only bars the application of the provisions of the said Act in respect of any law relating to marriage and divorce. Since the matter relating to Protection of Women from Domestic Violence Act, has not been included in sub-section (3) of the said Act, the question of provisions of the Limitation Act not being applicable to the proceedings before the lower appellate Court and the question of the application under Section 5 of the Limitation Act also not being maintainable in respect of the appeal preferred under the Domestic Violence Act therefore cannot arise. The lower appellate Court committed serious error in rejecting the application filed under Section 5 of the Limitation Act for condonation of delay. It is a different matter, whether the petitioner has made out a case for condonation of delay or not, but, i.e. not a ground to hold that the application filed under Section 5 of the Limitation Act itself is not maintainable. Since, a reading of the provisions contained ....