Vasanthakumari vs the State of Kerala

Vasanthakumari vs The State of Kerala

Type Court Judgment Court Kerala Decided Jan 31, 2022

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https://sooperkanoon.com/case/1440546

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Citation: sooperkanoon.com/1440546
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Jan 31, 2022
Case Number: OP(Crl.)/8/2022

Parties & Advocates

Appellant / Petitioner

Vasanthakumari

Respondent

The State of Kerala

Excerpt

.....vadasheriyil house, royal nagar p.o., 4 gireesh, vadasheriyil house, royal nagar p.o., sri m p prasanth-pp this op (criminal) having come up for admission on 31.01.2022, the court on the same day delivered the following: -:2:-judgmentdated this the 31st day of january, 2022 the petitioners seeks speedy disposal of c.m.p.no.1050/2021 filed by the 2nd respondent under section 31 of the domestic violence act.2. considering the order going to be passed, i am of the view that notice need not be issued to the 2nd respondent.3. i have heard the learned counsel for the petitioners as wellas the learned public prosecutor. i have also called for a report from the learned magistrate who reported that in cmp no.1050/2021, the statement of the petitionerwas already taken and it is posted for further evidence. in these circumstances, this original petition is disposed of, with a direction to the learned magistrate to dispose of cmp no.1050/2021 as early as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment, after hearing both sides.sd/- dr. kauser edappagath judge kp true copy p.a. to judge -:3:- appendix of op(crl.) 8/2022 petitioner exhibits exhibit p1 a true copy of the fir in crime no.955 of 2021. exhibit p2 a true copy of the petition filed by the 2nd respondent before judicial first class magistrate court-i, kollam. exhibit p3 a true copy of the objection filed by the 1st petitioner. exhibit p4 a true copy of the objection filed by the 2nd petitioner. exhibit p5 a true copy of the settlement deed no.1131 dated 31/03/1975. exhibit p6 a true copy of the affidavit filed by the 3rd respondent in mc 69 of 2021. exhibit p7 a true copy of the order in cmp 836/2021 in mc no.69/2021. exhibit p8 a true copy of the petition under section 31 filed by the 2nd respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 31ST DAY OF JANUARY 2022 / 11TH MAGHA, 1943 OP(CRL.) NO. 8 OF 2022 IN CMP 836/2021 IN MC 69/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOLLAM PETITIONERS/RESPONDENTS 2 & 3: 1 VASANTHAKUMARI, VADASHERIYIL HOUSE, ROYAL NAGAR P.O., KILLIKOLLUR, KOLLAM - 691 004. 2 GOPALAKRISHNA PILLAI, VADASHERIYIL HOUSE, ROYAL NAGAR P.O., KILLIKOLLUR, KOLLAM - 691 004. BY ADV SHARAN SHAHIER RESPONDENT/STATE & PETITIONER & RESPONDENTS 1 & 4: 1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031 2 SHALINI, AYANIKATU HOUSE, CHENTHAPURIL, DECENT JUNCTION, KOLLAM - 691 577. 3 RATHEESH, VADASHERIYIL HOUSE, ROYAL NAGAR P.O., 4 GIREESH, VADASHERIYIL HOUSE, ROYAL NAGAR P.O., SRI M P PRASANTH-PP THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 31.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:-

JUDGMENT

Dated this the 31st day of January, 2022 The petitioners seeks speedy disposal of C.M.P.No.1050/2021 filed by the 2nd respondent under Section 31 of the Domestic Violence Act.

2. Considering the order going to be passed, I am of the view that notice need not be issued to the 2nd respondent.

3. I have heard the learned counsel for the petitioners as well

as the learned Public Prosecutor. I have also called for a report from the learned Magistrate who reported that in CMP No.1050/2021, the statement of the petitioner

was already taken and it is posted for further evidence. In these circumstances, this original petition is disposed of, with a direction to the learned Magistrate to dispose of CMP No.1050/2021 as early as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment, after hearing both sides.

Sd/- DR. KAUSER EDAPPAGATH JUDGE kp True copy P.A. To Judge -:3:- APPENDIX OF OP(CRL.) 8/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE FIR IN CRIME NO.955 OF 2021. Exhibit P2 A TRUE COPY OF THE PETITION FILED BY THE 2ND RESPONDENT BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOLLAM. Exhibit P3 A TRUE COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER. Exhibit P4 A TRUE COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER. Exhibit P5 A TRUE COPY OF THE SETTLEMENT DEED NO.1131 DATED 31/03/1975. Exhibit P6 A TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT IN MC 69 OF 2021. Exhibit P7 A TRUE COPY OF THE ORDER IN CMP 836/2021 IN MC NO.69/2021. Exhibit P8 A TRUE COPY OF THE PETITION UNDER SECTION 31 FILED BY THE 2ND RESPONDENT.

Same Court & Year Kerala · 2022 Same Parties Vasanthakumari vs The State of Kerala Same Judge Honourable Dr. Justice Kauser Edappagath