IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID MONDAY, THE25H DAY OF NOVEMBER20134TH AGRAHAYANA, 1935 OP(Crl.).No. 3809 of 2013 (Q) --------------------------------------- AGAINST THE ORDER
/JUDGMENT
IN MC572013 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT.-I, ALUVA PETITIONERS/PETITIONERS: -------------------------------------- 1. MANJU KOSHY, AGED37YEARS, S/O.KOSHY, UPASANA HOUSE, ALUVA, U.C.COLLEGE P.O., ALUVA, PIN-683101.
2. DIYA JULIA GEORGE, AGED10YEARS, UPASANA HOUSE, ALUVA, U.C.COLLEGE P.O. ALUVA, PIN-683101.
3. JOSEPH P.GEORGE, AGED9YEARS, UPASANA HOUSE, ALUVA, U.C.COLLEGE P.O. ALUVA, PIN-683101. (PETITIONERS2AND3ARE MINORS AND BEING REPRESENTED BY THE1T PETITIONER MOTHER AND NEXT FRIEND). BY ADVS.SRI.T.M.RAMAN KARTHA SMT.O.A.NURIYA RESPONDENT/RESPONDENT: ---------------------------------------- GEORGE JOSEPH, AGED41YEARS, S/O.T.V.OUSEPH, PAREMMAN HOUSE, ASHOKAPURAM, ALUVA, PIN-683101. THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON2511-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(Crl.).No. 3809 of 2013 (Q) ----------------------------------------- APPENDIX PETITIONERS' EXHIBITS : ------------------------------------- EXHIBIT P1 : COPY OF THE PETITION M.C.(DV)NO.57/2013 DT.31-5-2013 FILED BY THE PETITIONERS BEFORE THE JFCM-1, ALUVA. EXHIBIT P2 : COPY OF THE CRL.MP12422013 IN MC(DV)NO.57/2013 DT. 31-5-2013 FILED BY THE PETITIONERS BEFORE THE JFCM-1, ALUVA. EXHIBIT P3 : COPY OF THE OBJECTION FILED BY THE RESPONDENT IN EXT.P2 PETITION. EXHIBIT P4 : COPY OF THE E-MAIL ISSUED TO THE PETITIONERS ON168-2013 BY THE LANDLORD. EXHIBIT P5 : COPY OF THE RENT DEED DT. 1.12.2012. EXHIBIT P6 : COPY OF THE RECEIPTS DT.06.08.2013 AND2410.2013 SHOWING PAYMENT OF MAINTENANCE CHARGES BY THE PETITIONER. EXHIBIT P7 : COPY OF THE CHEQUE NO.473559 DT.09.09.2013 ISSUED BY THE PETITIONER ALONG WITH DISHONOUR MEMO DT.14.09.2013. RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- // True Copy // P.A. To Judge DSV/27/11 HARUN-UL-RASHID, J.
- - - - - - - - - - - - - - - - - O.P (Crl.) No. 3809 of 2013 - - - - - - - - - - - - - - - - Dated this the 25th day of November, 2013.
JUDGMENT
The 1st petitioner is the wife and petitioners 2 and 3 are the children of the respondent and the 1st petitioner. The petitioner filed MC (DV) No. 57/2013 before the Judicial First Class Magistrate Court-I, Aluva seeking order under Section 20 of the Protection of Women from Domestic Violence Act, 2005, directing the respondent to pay a consolidated monthly maintenance at the rate of Rs.10,000/- to the 1st petitioner and Rs.5,000/- each to the petitioners 2 and 3, pass a residence order under Section 19 of the Act directing the respondent to accommodate the petitioners in the shared household or to provide an alternate residence for the petitioners or pay them an amount of Rs.15,000/- monthly rentals for residential accommodation and for other instinctive reliefs.
2. Ext.P2 is the interim application submitted by the petitioners seeking an order allowing the petitioner and her children to reside in the matrimonial home of the 1st petitioner in CMP No.1242/13. It is submitted that the delay in the disposal of Ext.P2 petition is causing severe hardships to the petitioners. It is submitted that petitioners have already been O.P (Crl.) No. 3809 of 2013 2 directed by the landlord to vacate the rented accommodation by 1.11.2013 as evidenced by Ext.P2 e-mail. It is further submitted that there is no alternate residence available for the petitioners in the locality.
3. It is also submitted that at the time of separation of the 1st petitioner and the respondent, the 1st petitioner was having sufficient source of maintenance whereas she lost her employment on account of the highhanded interference from the side of the respondent. At present, she has no source of income other than the interim maintenance ordered by the Family Court for the children.
4. The petitioner in the O.P (Crl) sought for speedy disposal of MC (DV) No. 57/2013 and CMP No.1242/13 for interim order.
5. In the communication dated 21.11.2013, the Judicial Magistrate of the First Class-I, Aluva reported that he shall take earnest efforts to dispose of the matter as far as possible.
6. Considering the urgency of the situation, there will be a direction to the Judicial First Class Magistrate's Court-I, Aluva to consider and dispose of Ext.P2 petition for interim order after affording an opportunity of being heard to both sides within a period of one month from today. The learned Magistrate shall O.P (Crl.) No. 3809 of 2013 3 consider the request of the petitioner for speedy disposal of M.C.(D.V.) No.57 of 2013 as well, as expeditiously as possible. This Original Petition (Criminal) is disposed as above. Sd/- HARUN-UL-RASHID, JUDGE. // True Copy // P.A. To Judge DSV/26/11