IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID WEDNESDAY, THE25H DAY OF SEPTEMBER20133RD ASWINA, 1935 OP(Crl.).No. 3262 of 2013 (Q) ------------------------------ CR.M.P.NOS.1729, 1730 AND4338OF2013IN MC552008 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL PETITIONER/ PETITIONER/ RESPONDENT : ------------------------------------ GOPALAKRISHNAN.S., AGED58YEARS, S/O.SADASIVAN, GOPALAYAM, VALIYAKADA, CHIRAYINKEEZH P.O, THIRUVANANTHAPURAM - 695 304. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS/ RESPONDENTS/ PETITIONERS : --------------------------------------- 1. SUMA, AGED45YEARS, D/O.PADMANABHAN, GOPALAYAM, VALIYAKADA, CHIRAYINKEEZH P.O, THIRUVANANTHAPURAM - 695 304.
2. JASMINE, AGED20YEARS, D/O.GOPALAKRISHNAN, GOPALAYAM, VALIYAKADA, CHIRAYINKEEZH P.O, THIRUVANANTHAPURAM - 695 304. THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON2509-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKM -2- OP(Crl.).No. 3262 of 2013 (Q) ------------------------------ APPENDIX PETITIONER'S EXHIBITS : ----------------------- EXHIBIT P1. COPY OF THE OBJECTION FILED BY THE PETITIONER IN MC55OF2008DATED164.10. EXHIBIT P2. COPY OF THE ORDER
DATED1204.11 IN MC NO.55 OF2008OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, ATTINGAL. EXHIBIT P3. COPY OF THE CRMP NO.6572 OF2011IN MC55OF2008FILED BY THE RESPONDENTS DATED3009.11. EXHIBIT P4. COPY OF THE DEMAND NOTICE DATED0201.2013 ISSUED BY THE TAHSILDAR, CHIRAYINKEEZH. EXHIBIT P5. COPY OF THE NOTICE OF ATTACHMENT NOTICE ISSUED BY THE TAHSILDAR, CHIRAYINKEEZH DATED1305.2013. EXHIBIT P6. COPY OF THE CRMP NO.1729 OF2013IN MC NO.55 OF2008FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT1 ATTINGAL. EXHIBIT P7. COPY OF THE CRMP NO.1730 OF2013IN MC NO.55 OF2008FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT1 ATTINGAL. EXHIBIT P8. COPY OF THE CRMP NO.4338 OF2013IN MC NO.55 OF2008FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT1 ATTINGAL. EXHIBIT P9. COPY OF THE RELEVANT PAGES OF THE PASSPORT SHOWING THE RESIDENTIAL ADDRESS OF THE PETITIONER. RESPONDENTS' EXHIBITS : NIL ----------------------- TRUE COPY PA TO JUDGE RKM HARUN-UL-RASHID, J.
--------------------------- O.P.(Crl). No.3262 of 2013 -------------------------- Dated this the 25th day of September 2013. JUDGMENT
Petitioner herein is the sole counter petitioner in M.C.55 of 2008 on the file of the Judicial First Class Magistrate Court-I, Attingal. The first respondent who is the wife of the petitioner lodged complaint before the Magistrate Court under Section 12 of the Protection of Women from Domestic Violence Act, 2005 claiming relief under Sections 18,19,20 and 22 of the Act.
2. The allegation of the complainant is that during the time of marriage, 51 sovereigns of gold ornaments and Rs.One lakh were given to the petitioner as insisted by him. It is also stated that the complainant was also gifted with house hold articles worth Rs.25,000/- by her relatives and friends.
3. It is stated that the petitioner engaged a counsel and filed objection. It is also stated that unfortunately, the petitioner was not duly informed about the progress of the case. Later, he came to know about the execution proceedings initiated on the basis of the order passed in M.C.55/2008, only when he received notice in execution proceedings. Subsequently, the petitioner received demand notice and notice of attachment. Petitioner filed petitions (Crl.M.P.Nos.1729 of 2013, 1730 of 2013 and 4338/2013) O.P;(Crl.) No.3262/2013 2 before the court below to set aside the ex-parte order, condone the delay in filing petition to set aside the ex-parte order and also to stay the recovery proceedings before the Judicial First Class Magistrate Court-I, Attingal, copies of which are marked as Exts.P6, P7 & P8. The grievance of the petitioner is that the learned Magistrate has not so far passed any orders on Exts.P6, P7 & P8 petitions which caused severe hardship to the petitioner especially in the context of impending revenue recovery proceedings.
3. Having considered the matter in detail and taking into account the facts and circumstance of the case, the O.P.(Crl) is disposed of, directing the Judicial First Class Magistrate Court -I, Attingal to consider Exts.P6,P7 and P8 petitions, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of the judgment, on condition that the petitioner shall deposit Rs.1 lakh within a period of two months from today before the court below. The petitioner shall submit a copy of the judgment before the court below within a period of one week from today. Sd/- HARUN-UL-RASHID, Judge. AL/- True copy P.A. To Judge