Telangana HC Allows 60-Year-Old Woman to Challenge Ex-Parte Decree

The judge allowed a revision petition filed by 60-year-old housewife Mellacheruvu Varalaxmi, who challenged an order of the Civil Judge, Yellandu, that refused to condone a 251-day delay in filing an application to set aside an ex-parte decree in a suit filed by Dosapati Narayana Rao.

The Court noted the surprising haste of the civil court, which granted an ex-parte decree just two months after the suit was filed in December 2023, even before the defendant’s 30-day period to file a written statement expired in February 2024.

Citing these circumstances, the High Court condoned the delay and directed the lower court to restore the suit and dispose of it expeditiously.

Justice J. Anil Kumar of the Telangana High Court clarified that penal action under the Domestic Violence Act can only be initiated if a court-issued protection order is violated.

In a matrimonial dispute, the complainant sought various reliefs, including payment of rent and compensation. The husband was ordered to pay arrears and compensation, which led to criminal proceedings.

The Court ruled that non-payment of monetary relief does not constitute domestic violence. Penal action can be invoked only for breach of protection orders, and continuing criminal proceedings in such cases would amount to abuse of the legal process.

Justice Juvvadi Sridevi of the Telangana High Court quashed criminal proceedings against 70-year-old Kalavathi Kathuroju, mother-in-law of the complainant, in a matrimonial dispute involving allegations of cruelty and dowry harassment.

The Court found that she had been falsely implicated without specific allegations, and the dispute essentially concerned the husband and wife. The allegations against her were vague and lacked corroborative evidence.

Relying on Supreme Court precedents cautioning against implicating all family members without specific accusations, the High Court held that continuing the prosecution would amount to needless harassment and misuse of criminal law.