IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN MONDAY, THE 28TH DAY OF JANUARY 2013 8TH MAGHA 193 Crl.Rev.Pet.No. 228 of 2013 ------------------------------ AGAINST THE ORDER/JUDGMENT IN CRA.553/2011 of Addl. Sessions Court (Ad hoc-II), Ernakulam DATED 04 01-2013 AGAINST THE ORDER/JUDGMENT IN CMP.1129/2011 of J.F.C.M. COURT-I, N.Paravur dtd.07/05/2011 REVISION PETITIONERS: ------------------- 1.S/O.MICHAEL MAXWELL .M. CHENNUR, AGED 4 YEARS, J.CHENNUR,CHENNUR HOUSE,VYDYARUPADI, PALLIPPURAM P.O,ERNAKULAM DISTRICT,PIN 68.515. 2.S/O.JOSEPH,CHENNUR (NO MORE) MICHEAL J.CHENNURHOUSE,VYDYARUPADI PALLIPPURAM P.O,ERNAKULAM DISTRICT,PIN 68.515. 3.W/O.MICHEAL MAGGI MICHEAL, AGED 7 YEARS, J.CHENNUR,CHENNUR HOUSE,VYDYARUPADI, PALLIPPURAM P.O,ERNAKULAM DISTRIT,PIN 68.515. BY ADVS.SRI.SUNIL NAIR PALAKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENTS:COMPLAINANT & STATE: ---------------------------------- 1.W/O.MAXWELL,GLORIA HAPPY MAXWELL, AGED 3 YEARS, NEAR ROTARY CLUB, N.CHENNUR PRAVOOR.HOSUE,REPUBLIC ROAD, 2.REPRESENTED STATE OF KERALA, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.Rev.Pet.No. 228 of 2013 APPENDIX PETITIONER(S) EXHIBITS ANNEXURE A1.TRUE COPY OF THE ORDER IN CRL.M.P NO.1129/2011 IN CMP NO.238/2010 DATED 7 H MAY, 2011. ANNEXURE A2.TRUE COPY OF THE JUDGMENT IN CRA NO.533 OF 201.ON THE FILE OF THE ADDITIONAL SESSIONS JUDGE (ADHOC 11 ERNAKULAM DATED 4 H DAY OF JANUARY 2013 ANNEXURE A3.TRUE COPY OF THE APPLICATION FILED BY THE IST RESPONDENT UNDER SECTION 1 OF THE DOMESTIC VIOLENCE ACT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT AS CMP NO.238 OF 2010.ANNEXURE A4.TRUE COPY OF THE INTERIM APPLICATION FILED UNDER SECTION 2 OF THE DOMESTIC VIOLENCE ACT. ANNEXURE A5.TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO.28332 OF 200.DATED 18 H NOVEMBER, 2009. ANNEXURE A6.TRUE COPY OF THE OP NO.1968/2009 FILED BY THE IST REVISION PETITIONER HEREIN BEFORE THE FAMILY COURT, ERNAKULAM. ANNEXURE A7.TRUE COPY OF THE ORDER IN MP NO.313 OF 201.IN MC NO.138 OF 201.DATED 14 H DECEMBER, 2010 BY THE FAMILY COURT, ERNAKULAM. ANNEXURE A8.TRUE COPY OF THE WESTERN UNION MONEY TRANSFER IN THE NAME OF THE DAUGHTER AMALA MAXWELL DATED 22 12.2011. ANNEXURE A9.TRUE COPY OF THE WESTERN UNION MONEY TRANSFER IN THE NAME OF DAUGHTER AMALA MAXWELL DATED 12 01.2012. ANNEXURE A10.TRUE COPY OF THE D.D SEND BY GLOBAL MONEY EXCHANGE COMPANY FAVOURING THE CHAVARA DARSHAN CMI PUBLIC SCHOOL DATED 27 10.2011. ANNEXURE A11.TRUE COPY OF THE FEES PAID IN THE NAME OF MINOR SON MADHU MAXWELL DATED 17 09.2010. ANNEXURE A12.TRUE COPY OF THE FEES PAID IN THE NAME OF MINOR SON MADHU MAXWELL DATED 16 06.2010. RESPONDENTS' EXHIBITS : NIL. True copy P.A. to Judge V.K.MOHANAN, J.
------------------------------------- Crl.R.P.No.228 of 2013 ---------------------------------------- Dated this the 28th day of January, 2013 ORDER The respondents in C.M.P.No.1129 of 2011 in Crl.M.P.No.238 of 2010 on the file of the Judicial First Class Magistrate Court-I, North Paravur which is instituted under Section 12 of the Protection of Women from Domestic Violence Act, 2005 are the revision petitioners. Against the order in the above petition though the the petitioners had preferred an appeal, the court of Additional Sessions Judge Ad hoc-II, Ernakulam has dismissed that appeal by judgment dated 04/01/2013, hence this revision petition.
2. As the challenge is against an exparte interim order, I am not proposed to retain this revision petition on the file of this Court and the petitioners can be relegated to approach the trial court to set aside the exparte order, if they are aggrieved by the said order as well as the judgment of the lower appellate court. Crl.R.P.No.228/2013 :
2. : In the result, this revision petition is disposed of relegating the petitioners to approach the trial court to set aside the exparte order after convincing the said court by advancing whatever grounds or contentions and the evidence, if any, for the same especially when the above Act has specifically mentioned about the duration and alteration of the orders and also empowers the court to pass interim and exparte orders. Subject to the above observation this revision petition is disposed of. If there is any delay in approaching the trial court, it is for the trial court to consider such delay and pass appropriate orders, reckoning the fact that the petitioners are agitating the matter in the appellate court as well in this Court. V.K.MOHANAN, JUDGE skj True copy P.A. to Judge