Restoration of Dismissed Petition Contingent upon Deposit of Costs for Benefit of Respondent Wife

The petitioners (the husband and his relatives) filed the present petition (CRMP No. 609 of 2026) seeking the restoration of a previous petition, CRMP No. 3277 of 2025.

The original petition had been dismissed due to the petitioners' failure to comply with a court order dated 31.10.2025, which directed them to deposit Rs. 1,00,000/- before the Mediation Centre of the High Court.

The petitioners contended that the default was unintentional and caused by unavoidable circumstances, expressing a current readiness to comply with the deposit requirement.

1. Whether the dismissal of a petition for non-compliance with a conditional monetary deposit should be set aside to allow adjudication on merits.

2. Whether the court should grant a final opportunity for restoration subject to strict timelines and specific conditions for the benefit of the respondent wife.

The Court applied the principle of natural justice and procedural equity, observing that the right of adjudication on merits should generally not be defeated by technical grounds or procedural non-compliance if the default is not deliberate.

While the court prioritized the "interest of justice", it balanced this with the principle that judicial directions must be strictly enforced to ensure the integrity of the process.

No specific statute was cited, but the court exercised its inherent discretionary powers to restore a dismissed matter.

The Court noted that the previous dismissal was based on procedural default rather than the merits of the case.

It found that because the petitioners now expressed a bona fide willingness to comply with the financial conditions, balancing the equities required granting a final opportunity.

To protect the interests of Respondent No. 2 (the wife), the Court conditioned the restoration on a strict deadline for the deposit and mandated that the funds be released directly to her upon her appearance at the Mediation Centre.

The court linked the restoration specifically to the act of filing the deposit receipt, ensuring that the procedural remedy (restoration) was tethered to the fulfillment of the original judicial command.

Petitioner No. 3 (husband) was directed to deposit Rs. 1,00,000/- before the Mediation Centre by 03.03.2026, which is to be released to the wife.

Upon filing proof of deposit, the original matter is to be restored and listed before the Mediation Centre on 09.03.2026, with a report due to the Bench on 17.03.2026.

Failure to comply within the deadline will result in the automatic vacation of this order and the revival of the dismissal.