IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 31ST DAY OF JANUARY 2013 11TH MAGHA 193 Crl.MC.No. 582 of 2013 ----------------------------------- AGAINST THE ORDER/JUDGMENT IN MC.241/2011 of JUDICIAL FIRST CLASS MAGISTRATE-I,HOSDRUG PETITIONER/RESPONDENT NO.1: ------------------------------------------------ MUHAMMED KUNHI A.G., AGED 2 YEARS, S/O.AHAMMED T. K,EDAKKAI,PADNE VILLAGE, HOSDURG TALUK ,P O PADNE BY ADV. SRI.C.K.SREEJITH RESPONDENTS/COMPLAINANT & STATE: ---------------------------------------------------------- 1. MARIYAMBI K.U., AGED 2 YEARS, D/O.ABDUL KHADER K. U,PADNE KANTHILOT,PADNE VILLAGE, HOSDURG TALUK,P.O.PADNE-671 516.
2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM BY SMT.V.H.JASMINE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AS Crl.MC.No. 582 of 2013 APPENDIX PETITIONER(S) EXHIBITS: ANN. A1:- THE TRUE COPY OF THE ORDER PASSED IN MC NO 241/2011 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE NO. I, HOSDURG DTD 11/1/2012. ANN. A2:- THE TRUE COPY OF THE PETITON FILED IN CMP NO 3771/2012 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE NO. I,HOSDURG, KANHANGAD, DTD 28/4/2012. ANN. A3:- THE TRUE COPY OF THE JUDGMENT IN CRMC NO 3938/2012 ON THE FILE OF HON'BLE HIGH COURT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO JUDGE A S T.R.RAMACHANDRAN NAIR, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - Crl. M.C.No. 582 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 31st DAY OF JANUARY, 2013 ORDER
The petitioner is the first respondent in M.C.No.241/2011 on the file of the Judicial First Class Magistrate Court - I, Hosdurg. The said complaint was filed by the first respondent under Section 12 of the Protection of Woman from Domestic Violence Act. It appears that the order has been passed ex-parte and the learned Magistrate has directed the petitioner to pay a sum of Rs.8,000/- per month as maintenance and to return 34.5 sovereigns of gold ornaments or to pay its present market value. There are certain other directions also relating to payment. Annexure A1 is the copy of the order.
2. The first respondent has filed a petition for execution as per Annexure A2. The arrears is sought from 11.1.2012 to 11.4.2012. Now a non bailable warrant has been issued against the petitioner. According to the petitioner, he was working abroad and hence could not approach the court below for appropriate orders. The petitioner wants to file an application for setting aside the ex-parte order. In fact, the petitioner had obtained Annexure A3 order. Therein, this Court directed the petitioner to Crl.M.C.No.582/2013 -2- surrender within one month in connection with C.C. No.1016/2011 pending before the same court.
3. Heard both sides.
4. Learned counsel for the first respondent submits that more than Rs.15 lakhs is due from the petitioner as per the order passed by the court below.
5. The requirement of the petitioner is to file an application for setting aside the ex-parte order and not to execute the non bailable warrant. The petitioner will pay an amount of Rs.24,000/- to the first respondent and produce proof of the same before the court after effecting payment within a week from today. On such condition, the petitioner will surrender before the court within ten days from today and if an application for bail is submitted, the same will be considered by the court preferably on the same date of surrender and appropriate orders will be passed. The court below will be free to fix appropriate conditions for the grant of bail. The Crl.M.C. is disposed of as above. No costs. (T.R.RAMACHANDRAN NAIR, JUDGE) kav/