Prathapan vs Sunitha
2024 Latest Caselaw 30140 Ker

Kerala High Court

Prathapan vs Sunitha on 24 October, 2024

                                             2024:KER:79792

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

        THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

 THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA,

                           1946

                CRL.REV.PET NO.935 OF 2023

AGAINST THE JUDGMENT DATED 20.06.2023 IN CRL.APPEAL NO.197
OF 2021 OF THE ADDITIONAL SESSIONS COURT-V, ERNAKULAM FILED
AGAINST THE ORDER DATED 03.09.2021 IN CRL.MP NO.210 OF
2021 IN MC NO.6 OF 2021 IN THE FILES OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE COURT, ERNAKULAM
REVISION PETITIONER/RESPONDENT/RESPONDENT:

         PRATHAPAN
         AGED 58 YEARS
         S/O.VASUDEVAN, PRASANNA VILASAM, FOURLINE ROAD,
         ERNAKULAM, PIN - 682018


         BY ADVS.
         K.R.VINOD
         M.S.LETHA
         NABIL KHADER
         MOHAMMED RAZALI K.A
         ANUROS MARTIN


RESPONDENT/APPELLANT/PETITIONER:

    1    SUNITHA
         AGED 42 YEARS
         W/O.PRATHAPAN, PRASANNA VILASAM, H.NO. 69/1616,
         FOURLINE ROAD, ERNAKULAM, PIN - 682018

    2    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682031

         BY ADVS.
         T.B.MINI
         RESHMA GIRISH(K/001242/2022)
                                          2024:KER:79792

                           2
Crl.R.P.No.935 of 2023

         By Adv.
         Maya M.N - PUBLIC PROSECUTOR

     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 24.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                                     2024:KER:79792

                                 3
Crl.R.P.No.935 of 2023

                     P.G. AJITHKUMAR, J.
       -----------------------------------------------------
                    Crl.R.P.No.935 of 2023
      ------------------------------------------------------
          Dated this the 24th day of October, 2024


                             ORDER

The respondent in M.C.No.6 of 2021 on the files of the

Additional Chief Magistrate's Court, Ernakulam has filed this

revision petition under Section 397 read with 401 of the Code

of Criminal Procedure, 1973. The Magistrate ordered under

Section 23 of the Protection of Women from Domestic Violence

Act, 2005 that the petitioner shall, inter alia, pay maintenance

to the respondents. He challenged that order before the

Sessions Court, Ernakulam by filing an appeal under Section 29

of the Act. Appeal was allowed in part only. Aggrieved thereby

the petitioner has filed this revision petition.

2. When this matter came up for consideration on

29.05.2024, the petitioner was directed to deposit entire

arrears of maintenance due to the children, at the rate of

Rs.3,500/- each per month. The said order remained

unsatisfied.

2024:KER:79792

3. On 30.07.2024, the petitioner paid an amount of

Rs.50,000/- towards the amount ordered to be paid as per the

aforesaid order. The balance sum remains unpaid.

4. Today when this matter is taken up for

consideration, the learned counsel for the petitioner submits

that the petitioner does not intend to prosecute the matter

further.

Recording that fact, this revision petition is dismissed as

not pressed.

Sd/-

P.G. AJITHKUMAR, JUDGE

PV