Shaik Hameed vs Mini
2022 Latest Caselaw 1863 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                     OP(CRL.) NO. 362 OF 2021
CMP 3407/2021 IN MC 43/2021 OF JUDICIAL MAGISTRATE OF FIRST
                        CLASS -II,THRISSUR
PETITIONER:

    1    SHAIK HAMEED, AGED 74 YEARS
         S/O. MOIDEEN SHAH, KANNIYAMPARAMBIL HOUSE,
         KANATUKKARA DESOM, KANATUKKARA P.O., AYYANTHOLE
         VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT

    2    SABEENA SHAIK HAMEED, AGED 63 YEARS, W/O. SHAIK
         HAMEED, KANNIYAMPARAMBIL HOUSE, KANATUKKARA DESOM,
         KANATUKKARA P.O., AYYANTHOLE VILLAGE, THRISSUR
         TALUK, THRISSUR DISTRICT

         BY ADV RAJIT



RESPONDENT:

         MINI, AGED 36 YEARS
         W/O. FIROSH,KANNIYAMPARAMBIL HOUSE, KANATUKKARA
         DESOM, KANATUKKARA P.O., AYYANTHOLE VILLAGE,
         THRISSUR TALUK, THRISSUR DISTRICT-680 003

         BY ADVS. LINDONS C.DAVIS
         E.U.DHANYA


     THIS OP     (CRIMINAL) HAVING      COME UP   FOR ADMISSION   ON
18.02.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED    THE
FOLLOWING:
 O.P.(Crl) No.362/2021

                                  -:2:-




                             JUDGMENT

Dated this the 18th day of February, 2022

The limited prayer of the petitioners in this original petition

is to give a direction to the court below to dispose of Ext.P4 at

the earliest.

2. Both petitioners are senior citizens. They are husband

and wife. The respondent is their daughter in law. The

respondent obtained an order under Section 23 of the Protection

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

Act) against the petitioners. The petitioners filed a statement

under Section 25(2) of the DV Act as Ext.P4 to modify the said

order. The counsel for the respondent submitted that the

respondent has already filed a counter statement to the said

application.

Since the pleadings in Ext.P4 are over, I am of the view

that this original petition can be disposed of with a direction to O.P.(Crl) No.362/2021

the learned Magistrate to dispose of Ext.P4 application, within

one month from the date of receipt of a copy of this judgment,

after hearing both sides. Ordered accordingly.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp True copy P.A. To Judge O.P.(Crl) No.362/2021

APPENDIX OF OP(CRL.) 362/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE ABOVE ORDER DATED 26.08.2021 IN CMP NO.3407/2021 IN MC NO.43/2021 OF THE JFCM NO.II, THRISSUR

Exhibit P2 A TRUE COPY OF THE APPLICATION MP 3407/2021 OF JFCM NO.II , THRISSUR DATED 17.08.2021 FILED BY THE RESPONDENT

Exhibit P3 TRUE COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER DATED 01.09.201 STATION HOUSE OFFICER, THRISSUR

Exhibit P4 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE LEARNED JFCM NO.II THRISSUR DATED 25.09.2021

Exhibit P5 A TRUE COPY OF THE COURT PROCEEDINGS OF JFCM NO.II THRISSUR DATED 23.09.2021

Exhibit P6 A TRUE COPY OF THE COURT PROCEEDINGS OF JFCM NO.II THRISSUR DATED 25.09.2021