Radhakrishnan.C.R Vs. Ani Mol

Radhakrishnan.C.R vs Ani Mol

Type Court Judgment Court Kerala Decided Jul 14, 2014

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https://sooperkanoon.com/case/1156570

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Citation: sooperkanoon.com/1156570
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Abraham Mathew
Decided On: Jul 14, 2014
Subject: Service Tax

Case Summary

AI-generated summary - not the official court judgment text.

Service Tax

Key legal issue: Service Tax

Parties & Advocates

Appellant / Petitioner

Radhakrishnan.C.R

Respondent

Ani Mol

Excerpt

.....12 of the protection of women from domestic violence act. the petition was allowed ex parte by the learned magistrate.2. the petitioner filed criminal appeal no.140/2014 before the additional sessions court-iii, alappuzha along with a petition to condone the delay of 420 days in filing the appeal. the learned additional sessions judge found that the arrears of maintenance came to rs.2,40,000/-. he allowed the petition for condonation of delay on condition that the petitioner should deposit rs.2,00,000/- within one month from the date of the order. that order is under challenge.3. heard the learned counsel for the petitioner, first respondent and the learned public prosecutor. crl.m.c.no.2926 of 2014 -2- it appears that the direction to deposit rs.2,00,000/- is very harsh. it is submitted that the petitioner has already deposited rs.90,000/-. having regard to the facts of the case, i think it is just and proper to allow the delay condonation petition if the petitioner deposits in the court of the learned magistrate rs.30,000/- (rupees thirty thousand only) more within 45 days from today. if the amount is not deposited, the delay condonation petition will stand dismissed. the first respondent is allowed to withdraw the whole amount towards maintenance of all the petitioners in m.c.no.30/2012. sd/- k. abraham mathew judge //true copy// p.a. to judge shg/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY,THE14H DAY OF JULY201423RD ASHADHA, 1936 Crl.MC.No. 2926 of 2014 () --------------------------- CMP.NO.1523/2014 IN CRL.A.NO. 140/2014 OF ADDL. DISTRICT & SESSIONS COURT - III, ALAPPUZHA ----------------------- PETITIONER/RESPONDENT: --------------------------------------------- RADHAKRISHNAN.C.R, AGED45YEARS,S/O.RAGHAVAN, RESIDING AT MUDIYIL VEEDU, KIZHKKEVAZHI, CHENNITHALA P.O, MAVELIKKARA, PINCODE -690 105, ALAPPUZHA DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S)RESPONDENTS/PETITIONERS : ------------------------------------------------------------------------- 1. ANI MOL, AGED40YEARS,D/O.BALAKRISHNAN, RESIDING AT VAZHAPALLIL VEEDU, ERUVA WEST, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN -690 572.

2. PARVATHY,AGED10YEARS, D/O.ANI MOL, (MINOR REPRESENTED BY MOTHER), RESIDING AT VAZHAPPALLIL VEEDU, ERUVA WEST, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN -690 572.

3. MEENAKSHY, AGED8YEARS, D/O.ANI MOL(MINOR REPRESENTED BY MOTHER), RESIDING AT VAZHAPPALLIL VEEDU, ERUVA WEST, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN- 690 572 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUJLAM, COCHIN- 682 031. R1 BY ADV. SRI.C.M.NAZAR SRI.MANSOOR.B.H. R4 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON1407-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts Crl.MC.No. 2926 of 2014 () -------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES: ------------------------------------------- ANNEX-A1. CERTIFIED COPY OF THE ORDER

DATRED65/2014 OF ADDITIONAL DISTRICT AND SESSIONS JUDGE III ALAPPUZHA IN CMP NO. 1523/2014 IN CRL.APPEAL NO. 140/2014 RESPONDENT(S)' ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2926 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2014 ORDER

The petitioner was the respondent in M.C.No.30/2012 on the file of the Judicial First Class Magistrate Court-I, Mavelikkara filed under Section 12 of the Protection of Women from Domestic Violence Act. The petition was allowed ex parte by the learned Magistrate.

2. The petitioner filed Criminal Appeal No.140/2014 before the Additional Sessions Court-III, Alappuzha along with a petition to condone the delay of 420 days in filing the appeal. The learned Additional Sessions Judge found that the arrears of maintenance came to Rs.2,40,000/-. He allowed the petition for condonation of delay on condition that the petitioner should deposit Rs.2,00,000/- within one month from the date of the order. That order is under challenge.

3. Heard the learned counsel for the petitioner, first respondent and the learned Public Prosecutor. Crl.M.C.No.2926 of 2014 -2- It appears that the direction to deposit Rs.2,00,000/- is very harsh. It is submitted that the petitioner has already deposited Rs.90,000/-. Having regard to the facts of the case, I think it is just and proper to allow the delay condonation petition if the petitioner deposits in the court of the learned Magistrate Rs.30,000/- (Rupees thirty thousand only) more within 45 days from today. If the amount is not deposited, the delay condonation petition will stand dismissed. The first respondent is allowed to withdraw the whole amount towards maintenance of all the petitioners in M.C.No.30/2012. Sd/- K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/

Same Court & Year Kerala · 2014 Same Parties Radhakrishnan.C.R vs Ani Mol Same Subject Service Tax Same Judge Honourable Mr. Justice K.Abraham Mathew