Kerala High Court
Annie Joseph vs Mini Mary Joseph@ Babitha on 28 May, 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
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
OP(CRL.) NO. 314 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.23 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - III, PERUMBAVOOR
PETITIONER/RESPONDENT NO.2:
ANNIE JOSEPH, AGED 76 YEARS
W/O LATE M. Y. JOSEPH,
MUTHUKATTU HOUSE,
KEEZHILLAM,P.O, RAYAMA NGALAM,
PERUMBAVOOR, PIN - 683 541.
BY ADV BINU PAUL
RESPONDENTS/PETITIONER :
1 MINI MARY JOSEPH@ BABITHA
AGED 43 YEARS, W/O JINOSH JOSEPH,
D/O LATE JOSEPH THOMAS,
NOW RESIDING AT MUTHUKATTU HOUSE,
KEEZHILLAM.P.O, RAYAMANGALAM,
PERUMBAVOOR, PIN - 683 541.
2 JINOSH JOSEPH, AGED 49 YEARS
S/O M. Y. JOSEPH, MUTHUKATTU HOUSE,
KEEZHILLAM,P.O, RAYAMANGALAM,
PERUMBAVOOR, PIN - 683 541
3 BINOY P.V., AGED 52 YEARS,
PALAKKATTUMALI HOUSE,
KEEZHILLAM P.O, KEEZHILLAM,
PERUMBAVOOR, PIN - 683 541.
4 BIJI BENOY, AGED 49 YEARS
PALAKKATTUMALI HOUSE,KEEZHILLAM P.O,
KEEZHILLAM, PERUMBAVOOR, PIN - 683 541.
RENJITH T.R (PP)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(CRL.) 314/2024
2
BECHU KURIAN THOMAS, J
......................................................
O.P.(Crl) No.314 of 2024
...................................................
Dated this the 28th day of May, 2024
JUDGMENT
Petitioner seeks for an expeditious disposal of M.C.No.23/2022 pending
on the files of Judicial First Class Magistrate Court-III, Perumbavoor, in
a time bound manner.
2. When the matter came up for consideration, this Court called for a
report from the learned Magistrate and by communication dated
24.05.2024, it has been informed by the learned Magistrate that the case
can be disposed of within a period of five months.
3. The learned counsel for the petitioner submitted that the 2 nd respondent
herein, who is the first respondent in the maintenance case, is residing
in Canada and is coming down in the month of June, and therefore, his
evidence may be taken during his presence in Kerala.
4. Considering the circumstances of the case and also on a perusal of the
report of the learned Magistrate, I am of the view that a direction can
be issued to dispose of the case in a time bound manner. Though
OP(CRL.) 314/2024
normally, this Court desists from issuing such directions, taking note of
the peculiar circumstances arising in this case, such a direction is felt to
be necessary.
5. Accordingly, there will be a direction to the Judicial First Class
Magistrate Court-III, Perumbavoor, to consider and dispose of
M.C.No.23/2022, as expeditiously as possible, at any rate, within a
period of six months from the date of receipt of a copy of this
judgment.
6. It is clarified that, since the 2nd respondent herein (the first respondent
in the maintenance case before the trial court) is expected to come down
to India from abroad in the month of June, the learned Magistrate shall
make an endeavour to commence the trial at the earliest, so as to enable
the 2nd respondent's evidence to be adduced during the time he is in the
country.
With the above observations, this original petition is disposed of.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/01/06/2024
OP(CRL.) 314/2024
APPENDIX OF OP(CRL.) 314/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE PETITION/ M.C.NO. 23 OF
2022 FILED BY THE 1ST RESPONDENT BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-III,
PERUMBAVOOR DATED 10.08.2022.
EXHIBIT P2 THE TRUE COPY OF THE INTERIM ORDER DATED
11.08.2022 IN C.MP NO. 2082/2022 IN M.C.NO.
23 OF 2022 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-III, PERUMBAVOOR.
EXHIBIT P3 THE TRUE COPY OF THE OBJECTION DATED
BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE
COURT-III, PERUMBAVOOR.
EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 29.03.2023
IN C.M.P NO.2495 A OF 2022 IN M.C. NO.23 OF
2022 OF THE JUDICIAL FIRST CLASS MAGISTRATE
COURT-III, PERUMBAVOOR
TRUE COPY
