Sujith vs State Of Kerala
2022 Latest Caselaw 5576 Ker

             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

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

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.