K.S.Gopakumar vs K.P.Priya
2022 Latest Caselaw 3956 Ker

OP(CRL.) NO. 35 OF 2019                1




             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
   TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                          OP(CRL.) NO. 35 OF 2019
 AGAINST THE ORDER IN MC 250/2018 OF JUDICIAL MAGISTRATE OF
                          FIRST CLASS, CHAVAKKAD
PETITIONER/PETITIONER:

            K.S.GOPAKUMAR, AGED 56 YEARS
            S/O SEKHARAN, KALATHIL HOSUE, C/O. VIVEKANANDAN,
            P.O. PERAKOM, POOKKOD VILLAGE, CHAVAKKAD TALUK,
            THRISSUR DISTRICT-680 506. (WRONGLY SHOWIN IN THE
            MC AND ORDER AS ORUMANAYUR P.O., ORUMANAYUR
            VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT-680
            512).
            BY ADVS.
            C.A.CHACKO
            SMT.C.M.CHARISMA
            SMT.MEGHA K.XAVIER
RESPONDENTS/RESPONDENTS:

     1       K.P.PRIYA, AGED 47 YEARS
             D/O. PARAMESWARAN K.K., KALATHIL HOUSE,
             P.O. PERAKOM, POOKKOD VILLAG,E CHAVAKKAD TALUK,
             THRISSUR DISTRICT-680 506.
     2       KRISHNA (MINOR), AGED 15 YEARS
             REPRESENTED BY HER MOTHER, K.S.PRIYA, D/O.
             PARAMESWARAN K.K., KALATHIL HOUSE, P.O. PERAKOM,
             POOKKOD VILLAGE, CHAVAKKAD TALUK, THRISSUR
             DISTRICT-680 506.

            BY ADV SRI.PREMCHAND M.
      THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
05.04.2022,      THE      COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP(CRL.) NO. 35 OF 2019                  2




                                    JUDGMENT

This Original Petition has been filed challenging the order

passed by the Judicial First Class Magistrate Court, Chavakkad in

C.M.P No.4318/2018 in M.C.No.250/2018 dated 22.12.2018.

2. The petitioner herein is the husband of the 1 st

respondent. The 2nd respondent is the child born out of the

wedlock of the petitioner and the 1 st respondent. The 1st

respondent preferred M.C.No.250/2018 against the petitioner

herein claiming various reliefs under Section 12 of the Protection

of Women from Domestic Violence Act, 2005 (for short 'the DV

Act'). An interim application has also been filed by the 1 st

respondent herein under Section 23 of the DV Act claiming

interim protection order. The said petition was dismissed as per

Ext.P5 order. The said order is under challenge in this Original

Petition.

Having heard both sides, I am of the view that this Original

Petition can be disposed of with a direction to the learned

Magistrate to dispose of the M.C itself as expeditiously as

possible, at any rate, within a period of six months from the date

of receipt of a copy of this judgment.

The Original Petition (Crl.) is disposed of.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE ab

APPENDIX OF OP(CRL.) 35/2019

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF C.M.P. NO.3630/2018 FILED BY RESPONDENTS IN M.C.NO.250/2018 BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD.

EXHIBIT P2 TRUE COPY OF ORDER DATED 31.10.2018 IN C.M.P.NO.4041/2018.

EXHIBIT P3 TRUE COPY OF C.M.P.NO.4318/2018 FILED BY PETITIONER IN M.C.NO.250/2018.

EXHIBIT P4 TRUE COPY OF ORDER IN OP(CRL) NO.561/2018 DATED 26.11.2018.

EXHIBIT P5 TRUE COPY OF ORDER DATED 22.12.2018 IN C.M.P.NO.4318/2018 FILED BY THE PETITIONER.

RESPONDENTS EXHIBITS: NIL