Kerala High Court
Sabitha M vs Gulam Razool on 25 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:71641
OP(CRL.) NO. 828 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
OP(CRL.) NO. 828 OF 2023
CRIME NO.1834/2021 OF KALAMASSERY POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.63 OF 2021 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY
.................................
PETITIONER/PETITIONER :
1 SABITHA M., AGED 42 YEARS
W/O GULAM RAZOOL, GULAM MANZIL,
UNICHIRA, KALAMASSERY, PIN - 682 033.
2 MOHAMMAD BARZAN, AGED 19 YEARS
S/O BARZAN, GULAM MANZIL,
UNICHIRA,KALAMASSERY, PIN - 682 033.
3 HIBA. G., AGED 17 YEARS
D/O BARZAN, GULAM MANZIL,
UNICHIRA,KALAMASSERY, PIN - 682 033.
BY ADVS. R.SUDHA
TEENA CHERIAN
RESPONDENT/RESPONDENT :
GULAM RAZOOL
S/O MOHAMMAD, GULAM MANZIL,
UNICHIRA,KALAMASSERY, PIN - 682 033.
BY ADV GERRY DOUGLAS
SMT. SREEJA V (PP)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25.09.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(CRL.) NO. 828 OF 2023
2
BECHU KURIAN THOMAS, J
......................................................
O.P.(Crl.) No.828 of 2023
...................................................
Dated this the 25th day of September, 2024
JUDGMENT
By order dated 15.10.2022 in C.M.P.No.349/2022 in M.C.No.63/2021, the
learned Magistrate had directed the respondent to pay an amount of
Rs.6,000/- per month to the 1 st petitioner and Rs.4,000/- each to
petitioners 2 and 3 under Section 20(1)(d) of the Protection of Women
from Domestic Violence Act, 2005. Since the respondent had not paid
the amount as directed, an application was filed on 20.03.2023 to
execute the order in C.M.P.No.349/2022. The said application has been
pending consideration since March 2023.
2. Having heard the learned counsel for the petitioners as well as the
learned counsel for the respondent, I am of the view that this original
petition can be disposed of with a direction.
3. Since Annexure-A10 was filed as early as on 23.03.2023 and the same
seeks for execution of the order dated 15.10.2022 directing payment of
maintenance, I am of the view that the learned Magistrate ought to be
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OP(CRL.) NO. 828 OF 2023
directed to dispose of the said application without delay.
4. Accordingly, there will be a direction to the Judicial First Class
Magistrate Court, Kalamassery, to dispose of the petition filed by the
petitioners for execution of the order dated 15.10.2022 in CMP
No.349/2022 in M.C.No.63/2021, as expeditiously as possible, at any
rate, within an outer time limit of six months.
The original petition is disposed of.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/26/09/2024
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OP(CRL.) NO. 828 OF 2023
APPENDIX OF OP(CRL.) 828/2023
PETITIONER ANNEXURES
ANNEXURE A1 THE COPY OF THE MEDICAL CERTIFICATE ISSUED
FROM THE KINDER MULTI SPECIALITY HOSPITAL AND
KINDER WOMENS AND HOSPITAL DATED 24/11/21
ANNEXURE A2 THE COPY OF THE ORDER PASSED BY THE JUDICIAL
FIRST CLASS MAGISTRATE COURT, KALAMASSERY IN
CMP1915/2021 IN MC. 63/2021 DATED 03/12/2021
ANNEXURE A3 THE COPY OF THE PHOTO OF THE HEAD INJURY
CAUSED TO THE PETITIONER'S DAUGHTER
ANNEXURE A4 THE COPY OF THE DISCHARGE SUMMARY ISSUED FROM
THE KINDER MULTI SPECIALITY HOSPITAL AND
KINDER WOMENS AND HOSPITAL DATED 21/12/21
ANNEXURE A5 THE COPY OF THE FIR NO.1834 DATED 21/12/2021
OF KALAMASSERY POLICE STATION
ANNEXURE A6 THE COPY OF THE JUDGMENT PASSED BY THIS
HONOURABLE COURT IN BAIL APPL.541/2022 DATED
8/3/2022
ANNEXURE A7 THE COPY OF THE ORDER PASSED BY THIS
HONOURABLE 'COURT IN CRL MISCELLANEOUS APPL
NO 2/22 IN BAIL APPL. NO. 541/2022 DATED
16/6/2022
ANNEXURE A8 THE COPY OF THE ORDER PASSED BY THE
DATED 15/10/2022
ANNEXURE A9 THE COPY OF THE OBJECTION FILED BY THE
RESPONDENT IN THE FORM OF AN AFFIDAVIT IN MC
63/2021 IS DATED 04/02/2023
ANNEXURE A10 THE COPY OF THE PETITION FILED BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE COURT SEEKING
ARREARS OF MAINTENANCE BY THE PETITIONER IN
MC 63/2021 DATED 20/3/2023
