Sreeja vs Venugopal
2023 Latest Caselaw 1750 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE K. BABU
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                          OP(CRL.) NO. 66 OF 2023
   AGAINST MC 36/2020 BEFORE THE JUDICIAL MAGISTRATE OF FIRST
                             CLASS-I, PUNALUR
        CRA 86/2021 OF DISTRICT COURT & SESSIONS COURT,KOLLAM
PETITIONERS:

    1        SREEJA,
             AGED 44 YEARS,
             D/O NALINI, RESIDING AT MOHANNAN VILASAM,
             CHERUTHANNOOR, EDAMAN P.O. EDAMON VILLAGE, PUNALUR,
             KOLLAM DISTRICT., PIN - 691307
    2        NANDANA VENUGOPAL,
             AGED 19 YEARS,
             D/O SREEJA RESIDING AT MOHANNAN VILASAM, CHERUTHANNOOR,
             EDAMAN P.O. EDAMON VILLAGE, PUNALUR, KOLLAM DISTRICT.,
             PIN - 691307
             BY ADVS.
             JOHNSON GOMEZ
             S.BIJU (KIZHAKKANELA)
             SANJAY JOHNSON
             JOHN GOMEZ
             ARUN JOHNY


RESPONDENT:

             VENUGOPAL,
             S/O KARUNAKARAN, RESIDING AT MOHANNAN VILASAM,
             CHERUTHANNOOR, EDAMAN P.O. EDAMON VILLAGE, PUNALUR,
             KOLLAM DISTRICT., PIN - 691307
     THIS     OP    (CRIMINAL)   HAVING     COME    UP   FOR    ADMISSION    ON
01.02.2023,        THE   COURT   ON   THE    SAME    DAY       DELIVERED    THE
FOLLOWING:
 O.P(Crl) No.66 of 2023
                                            2



                                  K.BABU, J.
                   --------------------------------------
                            O.P(Crl) No.66 of 2023
                  ---------------------------------------
                    Dated this the 1st day of February, 2023

                                     JUDGMENT

The prayers in this Original Petition (Criminal) filed under

Article 227 of the Constitution of India are as follows:

"(I) To direct Judicial First Class Magistrate Court-I, Punalur to consider Ext.P4 application filed under Section 28 and Section 31 of the Prevention of Domestic Violence against women Act within a time frame fixed by this Honourable Court.

(ii) To allow such other reliefs that this Honourable Court may deem fit and proper in the nature and circumstances of the case." (SIC)

2. The petitioners are the applicants in M.C No.36/2020 on

the file of the Judicial First Class Magistrate Court-I, Punalur filed

under Section 12 of the Protection of Women from Domestic

Violence Act, 2005.

3. The petitioners filed C.M.P No.740/2021 seeking interim

maintenance under Section 23 (2) of the Protection of Women from

Domestic Violence Act, 2005. The Trial Court allowed the

application directing the respondent to pay maintenance and

expenses for meeting the educational expenses of the child. The O.P(Crl) No.66 of 2023

respondent challenged the order by filing Criminal Appeal

No.86/2021 under Section 29 of the Act before the Sessions Court,

Kollam. On 23.03.2022, the Sessions Court dismissed the appeal.

The petitioners filed Ext.P4 application seeking execution of the

order granting interim maintenance.

4. Heard the learned counsel for the petitioners and the

learned Public Prosecutor.

5. It is submitted that Ext.P4 application is getting delayed in

the Trial Court.

The Trial Court is, therefore, directed to dispose of Ext.P4

application within a period of one month from the date of

production of a certified copy of this judgment.

Sd/-

K.BABU, JUDGE KAS O.P(Crl) No.66 of 2023

APPENDIX OF OP(CRL.) 66/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF MC NO. 36/2020 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PUNALUR Exhibit P1(a) A TRUE COPY OF THE INTERIM MAINTENANCE APPLICATION, CMP NO.740/2021 IN MC NO. 36/20 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT I PUNALUR Exhibit P2 A TRUE COPY OF THE ORDER DATED 12 AUGUST 2021 IN CMP NO.740/2021 IN MC NO.36/2020 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT PUNALUR Exhibit P3 A TRUE COPY OF THE ORDER DATED 23 MARCH 2022 IN CRIMINAL APPEAL NO. 86/2021 BEFORE THE PRINCIPAL SESSIONS COURT KOLLAM Exhibit P4 A TRUE COPY OF CMP NO. 812/2022 IN MC NO. 36/2022 FILED BY THE PETITIONER FOR EXECUTION OF THE P2 ORDER