Mary Philip Mathews vs Saju Philip Mathews
2021 Latest Caselaw 10440 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MRS. JUSTICE SHIRCY V.

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                       OP(Crl.).No.124 OF 2021

AGAINST THE ORDER/JUDGMENT IN MC 7/2020 OF JUDICIAL MAGISTRATE OF
                  FIRST CLASS -I,PATHANAMTHITTA


PETITIONER:

               MARY PHILIP MATHEWS
               AGED 75 YEARS
               WIDOW OF LATE PHILIP MATHEWS, RESIDING AT CHELIKUZIEL
               HOUSE, VANCHITHRAMURI, KOZHENCHERI VILLAGE,
               PATHANAMTHITTA DISTRICT-689641.

               BY ADVS.
               SRI.ISAAC THOMAS
               SRI.P.G.CHANDAPILLAI ABRAHAM
               SHRI.ALEXANDER JOSEPH MARKOS

RESPONDENTS:

      1        SAJU PHILIP MATHEWS
               SON OF LATE PHILIP MATHEWS, RESIDING AT CHELIKUZIEL
               HOUSE, VANCHITHRAMURI, KOZHENCHERI VILLAGE,
               PATHANAMTHITTA DISTRICT-689641.

      2        SUSAN SARA MATHEWS,
               WIFE OF SAJI PHILIP MATHEWS, RESIDING AT CHELIKUZIEL
               HOUSE, VANCHITHRAMURI, KOZHENCHERI VILLAGE,
               PATHANAMTHITTA DISTRICT-689641.

      3        STATE OF KERALA,
               REP. BY PUBLIC PROSECUTOR, HIGH COURT, KOCHI-682031.

               AJITH MURALI- P.P

     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 26.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(Crl).No.124 OF 2021

                                   2




                                 ORDER

Dated this the 26th day of March 2021

Heard the learned counsel for the petitioner.

2. This petitioner who is also the petitioner in

M.C.No.7/2020 pending before the Judicial First Class Magistrate

Court-I, Pathanamthitta has filed a petition under Section 12 of

the Protection of Women from Domestic Violence Act, 2005 (DV

Act) against her son and daughter-in-law the respondents herein.

She has filed this petition for a direction to the court below to

dispose her case which has been filed in the year 2020 as MC

No.7/2020. Her case is that she is aged 75 years and further delay

in disposal of the matter would cause undue difficulties and

prejudice to her.

3. On filing of this petition a report of the Judicial First

Class Magistrate Court-I has been called for. As per report dated

23.03.2021, the learned Judicial First Class Magistrate reported

that in total 21507 cases are pending in that court, but he could

dispose of the matter within a period of six months. O.P.(Crl).No.124 OF 2021

4. Notice to the respondents is dispensed with, as the

relief sought for is only for a direction to the court below to

dispose of the case without much delay.

Therefore, the Judicial First Class Magistrate, Pathanamthitta

shall dispose of MC No.7/2020 within a period of six months from

the date of receipt of a copy of this order.

Sd/-

SHIRCY V.

JUDGE mpm O.P.(Crl).No.124 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMPLAINT IN MC NO.7/2020 DATED 29.02.2020 FILED BY THE PETITIONER BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE-I COURT, PATHANAMTHITTA.

EXHIBIT P2 TRUE COPY OF THE CMP NO.1/2020 IN MC NO.7/2020 DATED 29.02.2020 FILED BY THE PETITIONER BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE-I COURT, PATHANAMTHITTA.

EXHIBIT P3 TRUE COPY OF THE OBJECTIONS DATED NIL FILED BY THE RESPONDENTS IN CMP 1/2020 IN MC NO.7/2020.

EXHIBIT P4 TRUE COPY OF THE STATUS OF MC NO.7/2020 AS AVAILABLE E-COURT SYSTEM.