Kerala High Court
Rohini Devi S vs Hariharan R on 10 June, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
OP(CRL.) NO. 438 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.60 OF 2023 OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM
PETITIONERS/PETITIONERS:
1 ROHINI DEVI S
AGED 72 YEARS
W/O HARIHARAN,
RESIDING AT T.C 79/2284, ARA-52,
ROHINI NIVAS, ARAPPURA LANE, KARIKKAKOM P.O
THIRUVANANTHAPURAM, PIN - 695021
2 NISHA R
AGED 37 YEARS
W/O SANAL KUMAR
RESIDING AT T.C 79/2284, ARA-52,
ROHINI NIVAS, ARAPPURA LANE,
KARIKKAKOM P.O
THIRUVANANTHAPURAM, PIN - 695021
BY ADVS.
REGINALD VALSALAN
ANN MARIA FRANCIS
RESPONDENT/RESPONDENT:
HARIHARAN R
AGED 77 YEARS
S/O RAGHAVAN PANICKER,
RESIDING AT T.C 79/2284, ARA-52,
ROHINI NIVAS, ARAPPURA LANE,
KARIKKAKOM P.O THIRUVANANTHAPURAM, PIN - 695021
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
10.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.).No.43.8 of 2024
-:2:-
BECHU KURIAN THOMAS, J.
---------------------------------------
O.P.(Crl.).No.438 of 2024
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Dated this the 10th day of June, 2024
JUDGMENT
The limited relief sought for by the petitioners is for a direction to
dispose of Ext.P4 and Ext.P5 petitions filed in M.C.No.60/2023 pending
before the Additional Chief Judicial Magistrate Court, Thiruvananthapuram.
The aforesaid applications are filed claiming interim orders in a case filed
under the Protection of Women from Domestic Violence Act.
2. I have heard the learned counsel for the petitioners. Considering
the nature of the order that I propose to issue notice to the respondent is
dispensed with.
3. Since interim applications under the Protection of Women from
Domestic Violence Act, 2005, ought to be considered without undue delay,
I am of the view that this original petition can be disposed of with a
direction.
4. Accordingly, there will be a direction to the Additional Chief
Judicial Magistrate, Thiruvananthapuram, to consider and dispose of the
interim applications (C.M.P.No.3106/2023 and C.M.P.No.3107/2023) in
O.P.(Crl.).No.43.8 of 2024
M.C.No.60/2023, copies of which are produced as Ext.P4 and Ext.P5, as
expeditiously as possible in a time bound manner without delay.
With the above observations, this original petition is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/10.06.24.
O.P.(Crl.).No.43.8 of 2024
APPENDIX OF OP(CRL.) 438/2024
PETITIONERS' EXHIBITS
Exhibit-P1 TRUE COPY OF THE PETITION IN M.C NO.60 OF
2023 FILED BEFORE THE ADDITIONAL CHIEF
JUDICIAL MAGISTRATE
Exhibit-P2 TRUE COPY OF THE ORDER DATED 5.8.2023 IN
CMP NO.2057 OF 2023 IN MC NO.60 OF 2023
PASSED BY THE ADDITIONAL CHIEF JUDICIAL
MAGISTRATE
Exhibit-P3 TRUE COPY OF THE INTERIM ORDER DATED
25.10.2023 IN I.A NO.1 OF 2023 IN O.S
NO.1814 OF 2023
Exhibit-P4 TRUE COPY OF THE AFFIDAVIT ALONG WITH
PETITION UNDER SECTION 31 OF THE
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE
ACT IN C.M.P NO.3106 OF 2023 IN M.C NO.60
OF 2023 FILED BEFORE THE ADDITIONAL CHIEF
JUDICIAL MAGISTRATE
Exhibit-P5 TRUE COPY OF THE AFFIDAVIT ALONG WITH
PETITION UNDER SECTION 19(2) OF THE
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE
ACT IN C.M.P NO.3107 OF 2023 IN M.C NO.60
OF 2023 FILED BEFORE THE ADDITIONAL CHIEF
JUDICIAL MAGISTRATE
Exhibit-P6 TRUE COPY OF THE DAILY COURT STATUS DATED
24.5.2024 IN MC NO.60 OF 2023 DOWNLOADED
FROM THE ONLINE WEBSITE
