IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
OP(CRL.) NO. 168 OF 2022
MC 24/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PATTAMBI
PETITIONER:
SUJITH, AGED 31 YEARS
SON OF SUBRAMANAIAN, ARTHATTU THOTTUPURATH HOUSE,
KUNNAMKULAM, PIN - 680503
BY ADVS. JITHIN BABU A
ARUN SAMUEL
RESPONDENTS:
1 STATE OF KERALA
REPRSENTED BY PUBLIC PROSECUTOR, PIN - 682031
2 SILPA, DAUGHTER OF SIVASANKARAN, THONIKKALAM
HOUSE, MALAMAKKAVU, AMSOM DESOM, PATTAMBI TALUK,
PIN - 679303
BY ADV SUMAN CHAKRAVARTHY
SRI M P PRASANTH-PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(Crl) No.168/2022
-:2:-
JUDGMENT
Dated this the 26th day of May, 2022 The prayer in this original petition is to give a direction to the Judicial First Class Magistrate, Pattambi to dispose of M.C.No.24/2021, which has been filed by the 2 nd respondent herein, invoking Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the D.V. Act'), against the petitioner herein.
2. The petitioner is the husband of the 2nd respondent. Ext.P2 order under Section 23(2) of the D.V. Act was passed by the court below granting interim maintenance to the 2 nd respondent and the child. Ext.P4 application was also filed by the 2nd respondent claiming past maintenance. The prayer of the petitioner is to keep Exts. P2 and P4 in abeyance till the disposal of M.C.No.24/2021.
3. The learned counsel for the 2nd respondent Sri. Suman Chakravarthy submitted that, as on date, ₹72,500/- is due towards maintenance, out of which ₹20,000/- has already been paid. I am of the view that a direction can be given to the learned Magistrate to dispose of the MC itself within six months O.P.(Crl) No.168/2022 -:3:- on condition that the petitioner shall make a further deposit of ₹25,000/- within a period of one month from today.
4. In the result, this original petition is disposed of as follows:
The court below shall dispose of the MC itself in accordance with law, within a period of six months from the date of receipt of a copy of this judgment.
The petitioner shall deposit a sum of ₹25,000/- towards arrears of maintenance within a period of one month from today. On such deposit, the 2nd respondent is entitled to withdraw the same.
Exts. P2 and P4 shall be kept in abeyance till M.C.No.24/2021 is disposed of. However, the petitioner shall continue to pay the maintenance awarded to the child till the disposal of the MC without fail.
If any of the conditions mentioned above is defaulted, Ext.P2 will be revived.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE kp O.P.(Crl) No.168/2022 -:4:- APPENDIX OF OP(CRL.) 168/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE MC 24/2021 WITH APPLICATIONS Exhibit P2 A TRUE COPY OF THE ORDER DATED 25/03/2021 BY JFCM,PATTAMBI.
Exhibit P3 A TRUE COPY OF THE COUNTER FILED BY THE PETITIOENR IN MC 24/2021.
Exhibit P4 A TRUE COPY OF THE UNNUMBERED CMP FILED BY THE SECOND RESPONDENT IN MC 24/2021. Exhibit P5 A TRUE COPY OF THE IA 2/2021 IN OP 401/2021 FILED BY THE PETITIONER.