Sreerekha K vs State Of Kerala
2022 Latest Caselaw 4280 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                     OP(CRL.) NO. 156 OF 2022
MC 10/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, HARIPAD
PETITIONER

          SREEREKHA K
          AGED 32 YEARS
          D/O. RADHAKRISHNA PILLAI
          REKHA NIVAS, MUTHUKULAM
          KARTHIKAPALLY TALUK,
          ALAPPUZHA. , PIN - 690506
          BY ADVS.
          K.K.DHEERENDRAKRISHNAN
          N.P.ASHA
          V.MADHUSUDHANAN
          K.SANTHOSH KUMARAN THAMPI


RESPONDENTS

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, PIN - 682031
    2     SUNITH KUMAR B
          AGED 33 YEARS
          S/O. LATE BHARGAVAN PILLAI
          SUJITH BHAVANAM
          KARUVATTA VILLAGE
          ALAPPUZHA , PIN - 690517


          SRI M P PRASANTH-PP



     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(Crl).156 of 2022
                                        2




                              JUDGMENT

This Original Petition has been filed for a direction to

J.F.C.M-I, Haripad to dispose of Ext.P5 as expeditiously as

possible.

2. Heard Sri.K.K.Dheerendrakrishnan, the learned

counsel for the petitioner.

3. Considering the nature of the order going to be

passed, I am of the view that notice need not be issued to the

2nd respondent.

4. The petitioner filed M.C.10/2019 at the J.F.C.M-I,

Haripad claiming various reliefs under Section 12 of the

Protection of Women from Domestic Violence Act (DV Act). The

learned Magistrate has passed a final order in favour of the

petitioner. The said order was challenged in the appellate Court

in Crl.A.111/2020. The appellate Court as per its order dated

13.8.2021 set aside the order of the Magistrate and remitted

the matter to the Magistrate for fresh trial. However, in the

order of the appellate Court, it is made clear that order

regarding interim maintenance will continue untouched.

5. Thereafter, petitioner filed Ext.P5 petition as

C.M.P.187/2022 to execute the order of interim maintenance OP(Crl).156 of 2022

passed by the learned Magistrate. The grievance of the

petitioner is that Magistrate is not disposing of Ext.P5.

6. Since there is a specific binding in the order of the

appellate court that the order regarding maintenance passed by

the Magistrate will continue untouched, the learned Magistrate

is bound to take steps to execute the order regarding interim

maintenance.

In the circumstances, this Original Petition is disposed of

with a direction to J.F.C.M-I, Haripad to dispose of Ext.P5, as

expeditiously as possible.

DR.KAUSER EDAPPAGATH, Judge

Mrcs.

OP(Crl).156 of 2022

APPENDIX OF OP(CRL.) 156/2022

PETITIONER EXHIBITS Exhibit1 A TRUE COPY OF THE MC NO. 10/2019 FILED BY THE PETITIONER Exhibit2 A TRUE COPY OF THE ORDER DATED 17.01.2020 IN CRL MP NO.69/2020 IN MC NO. 10/2019 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HARIPPAD Exhibit3 A TRUE COPY OF THE ORDER DATED 16.03.2020 IN MC NO. 10/2019 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT- I, HARIPPAD Exhibit4 A TRUE COPY OF THE JUDGMENT DATED 13.08.2021 PASSED BY ADDITIONAL SESSIONS JUDGE-III, MAVELIKKARA Exhibit5 A TRUE COPY OF THE CMP NO. 187/2022 IN MC NO.10/2019