IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
OP(CRL.) NO. 374 OF 2022
CMP 89/2022 IN MC 114/2021 OF JUDICIAL MAGISTRATE OF FIRST
CLASS, CHANGANACHERRY
PETITIONER/RESPONDENT IN MC:
SUNIL SAMUEL
AGED 42 YEARS
S/O SAMUEL, BETHANY BHAVAN, ELAMPAL P.O,
PUNALUR, KOLLAM DISTRICT - 691 322
BY ADVS.
NIRMAL V NAIR
ANEES.T
M.ANEESH
MUHAMMED NASEEF BIN SALIM
ARATHI PRABHAKARAN
RESPONDENTS/PETITIONERS IN MC:
1 REENA K.J
AGED 39 YEARS
D/O JOY ANTONY, KAREEPARAMBIL HOUSE, P.C. KAVALA
P.O, PAYIPPADU VILLAGE, CHANGANASSERY, KOTTAYAM
DISTRICT. , PIN - 686537
2 EMMANUEL SUNIL
AGED 9 YEARS
S/O SUNIL SAMUEL (REPRESENTED
BY HIS MOTHER REENA K.J), KAREEPARAMBIL HOUSE,
P.C. KAVALA P.O, PAYIPPADU VILLAGE, CHANGANASSERY,
KOTTAYAM DISTRICT., PIN - 686537
O.P.(Crl)No.374/2022
-:2:-
3 EMILIN SUNIL(MINOR)
AGED 6 YEARS
D/O SUNIL SAMUEL (REPRESENTED BY
HER MOTHER REENA K.J), KAREEPARAMBIL HOUSE, P.C.
KAVALA P.O, PAYIPPADU VILLAGE, CHANGANASSERY,
KOTTAYAM DISTRICT., PIN - 686537
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(Crl)No.374/2022
-:3:-
JUDGMENT
Dated this the 27th day of July, 2022 The petitioner is the husband in a proceedings under the Protection of Women from Domestic Violence Act (for short 'the Act'). The 1st respondent is the wife of the petitioner. The respondent Nos. 2 and 3 are the children of the petitioner and the 1st respondent.
2. The learned Magistrate passed an ex-parte interim maintenance order under Section 23(2) of the Act, directing the petitioner to pay a sum of ₹20,000/- as monthly maintenance to the respondents. The petitioner filed Ext.P2 petition to modify Ext.P1 order and to pass fresh orders after hearing both sides. The grievance of the petitioner is that, even though the said petition was filed as early as on 4.1.2022, it has not been disposed of so far.
3. Since Ext.P1 is an ex-parte order, I am of the view O.P.(Crl)No.374/2022 -:4:- that the court below shall pass an order on Ext.P2 in accordance with law, after hearing both sides, within a period of two months from the date of receipt of a copy of this judgment.
The original petition is disposed of.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE kp O.P.(Crl)No.374/2022 -:5:- APPENDIX OF OP(CRL.) 374/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 04-10-
2021 IN C.M.P 2035/2021 IN M.C 114/2021 Exhibit p2 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN M.C NO. 114/2021 Exhibit P3 A TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEARING C.M.P NO. 89/2022 IN M.C. NO. 114/2021 Exhibit4 A TRUE COPY OF THE PROCEEDINGS IN M.C.
114/2021 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST CLASS-I, CHANGANASSERY