IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE22D DAY OF JANUARY20142ND MAGHA, 1935 Crl.MC.No. 3769 of 2012 () --------------------------- CRL.M.P. NO. 2785 OF2012IN CRL.A NO. 265/2012 OF SESSIONS COURT, KOTTAYAM ------------------ PETITIONER/APPELLANT/RESPONDENT : ------------------------------------------------------------- SUDHAKARAN PILLAI, S/O. LATE SOORYANARAYANA PILLAI, AGED55YEARS RESIDING AT SOORYAGAYATHRI, SANGEETH NAGAR, 416 4TH STREET, T.C24443-2, P.O. THYCAUD THIRUVANANTHPURAM, PIN-695 014. BY ADVS.SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENTS/RESPONDENTS/PETITIONER & STATE : --------------------------------------------------------------------------------- 1. SINDHU S. PILLAI AGED40YEARS, W/O. SUDHAKARAN PILLAI, MULAVELIL HOUSE KOOVAPALLY P.O., KANJIRAPALLY, KOTTAYAM DISTRICT- 686 518.
2. GAYATHRI S. PILLAI (MINOR) D/O. SUDHAKARAN PILLAI, MULAVELIL HOUSE KOOVAPPALLY P.O., KANJIRAPALLY, KOTTAYAM DISTRICT PIN- REPRESENTED BY HER MOTHER SINDHU S. PILLAI MULAVELIL HOUSE, KOOVAPALLYP.O., KANJIRAPPALLY KOTAYAM DISTRICT, PIN- 686 518.
3. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM NOTICE TO WHOM MAY BESERVED ON THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031. R1 & R2 BY ADV. SRI. LIJI J.VADAKEDOM R3 BY PUBLIC PROSECUTOR SMT. BINDU GOPINATH THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON2201-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 3769 of 2012 () APPENDIX PETITIONERS' ANNEXURES : ANNEXURE A1 : COPY OF THE PETITION FILED BY THE RESPONDENTS1AND2BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, KANJIRAPPALLY. ANNEXURE A2 COPY OF THE ORDER
DATED45-2012 IN M.C. NO. 02 OF2011PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, KANJIRAPALLY. ANNEXURE A3 COPY OF THE CRL.APPEAL NO. 265 OF2012FILED BY THE PETITIONER BEFORE THE SESSIONS COURT, KOTTAYAM. ANNEXURE A4 COPY OF THE CRL.M.P.NO. 2785 OF2012FILED BY THE PETITIONER BEFORE THE SESSIONS COURT, KOTTAYAM. ANNEXURE A5 COPY OF THE PETITION FILED BY THE RESPONDENTS1AND2UNDER SEC. 128 OF CR.PC IN MC NO. 2 OF2011BEFORE THE JFCM COURT-I, KANJIRAPALLY. ANNEXURE A6 COPY OF THE CMP NO. 4906 OF2012IN MC NO.2 OF2011FILED BY THE RESPONDENTS1AND2 ANNEXURE A7 COPY OF THE AFFIDAVIT FILED BY THE PETITIONER. ANNEXURE A8 COPY OF THE PASS BOOK IN THE NAME OF THE2D RESPONDENT ISSUED BY THE CANARA BANK, PUTHENCHANDA, M.G. ROAD, THIRUVANANTHAPURAM. ANNEXURE A8(a) COPY OF THE FIXED DEPOSIT RECEIPT DATED78-2012. ANNEXURE A8(b) COPY OF THE FIXED DEPOSIT RECEIPT DATED1111-2011. ANNEXURE A8(c) COPY OF THE DEMAND DRAFT DATED197-12 DRAWN ON KERALA STATE COOPERATIVE BANK, KARAMANA BRANCH, THIRUVANANTHAPURAM IN FAVOUR OF THE1T RESPONDENT. (Contd...) Crl.MC.No. 3769 of 2012 () ANNEXURE A8(d) COPY OF THE COUNTER FOIL OF THE CREDIT SLIP DATED197-2012 ISSUED BY THE KERALA STATE CO-OPERATIVE BANK, KARAMANA, THIRUVANANTHAPURAM TO THE1T RESPONDENT. ANNEXURE A8(e) COPY OF THE POSTAL COVER CONTAINING POSTAL ENDORCEMENT 'REFUSED' IN WHICH THE DEMAND DRAFT WAS SENT TO THE1T RESPONDENT. ANNEXURE A9 COPY OF THE ORDER
DATED1411-2012 IN CRL.M.P.NO. 2785 OF2012IN CRL.APPEAL NO. 265 OF2012PASSED BY THE COURT OF SESSIONS JUDGE, KOTTAYAM. RESPONDENT'S ANNEXURES : NIL //TRUE COPY// P.S. TO JUDGE Mn A.HARIPRASAD, J.
-------------------------------------- Crl.M.C. No.3769 of 2012 -------------------------------------- Dated this the 22nd day of January, 2014. ORDER
Petition filed under Section 482 of the Code of Criminal Procedure.
2. Petitioner is the appellant before the Sessions Court, Kottayam in Crl.Appeal No.265 of 2012, wherein he challenged the exparte order passed by the learned Judicial First Class Magistrate-I, Kottayam as evidenced by Annexure-A2 order. Proceedings before the trial court is one under the Protection of Women from Domestic Violence Act, 2005 (for short, "the Act"). Contesting respondents are the wife and daughter of the petitioner. Annexure-A1 is the application filed under Section 12 of the Act claiming maintenance, inter alia, other reliefs. Learned Magistrate passed Annexure-A2 order exparte. As per Annexure-A2, the petitioner was restrained from committing domestic violence and he was directed to pay `3,000/- per month to the applicants/contesting respondents as rent for alternative accommodation and also to pay `2,000/- to each of the applicants. Aggrieved by Annexure-A2 order, petitioner has preferred the above said appeal. In the appeal, learned Sessions Judge passed Annexure-A9 order which is impugned in this proceeding. Annexure-A9 Crl.MC No.3769/2012 2 order reads as follows: "Interim stay granted only with regard to the payment of maintenance that too on a condition that the petitioner will clear the entire arrears in four equal monthly installments with the first one to commence from 26.11.2012. The order will be in force until further orders. For objection 18.12.2012. Pronounced in open court on this the 14th November, 2012." 3. Heard the learned counsel for the petitioner and the learned counsel for the contesting respondents.
4. Learned counsel for the petitioner would submit that the petitioner has paid some amounts, though not the full amount directed to be paid by the court below. In proof of such payments, petitioner has produced Annexure-A8 series. On perusal of these documents, it is seen that the petitioner has opened a savings bank account in name of the 2nd respondent and deposited some amount. Annexure-A8(b) would show that he has deposited `13,000/-. The payments evidenced by Annexures- A8(c) and A8(d) are disputed by the learned counsel for the contesting respondents. After hearing the learned counsel on both sides, I am not satisfied that this is a fit case wherein the jurisdiction under Section 482 Cr.P.C. should be invoked. Apparently the learned Sessions Judge has only Crl.MC No.3769/2012 3 directed to clear the arrears then existed in four equal monthly installments. The order has not been complied by the petitioner. Further the matter is pending for more than one year. According to the learned counsel for the contesting respondents/applicants, the arrears of maintenance amount will come to `1,30,000/-. Learned counsel for the petitioner would submit that petitioner has paid some amounts. Considering the nature of the order passed by the learned Sessions Judge and the fact that petitioner has not made any substantial payment, the petition is disposed of with the following direction: Learned Sessions Judge, Kottayam shall consider the appeal on merit and dispose the same in one month from the date of receipt of this order. All pending interlocutory applications will stand dismissed. A. HARIPRASAD, JUDGE. cks