Sainaba v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL TUESDAY, THE 19TH DAY OF MAY 2015/29TH VAISAKHA, 1937 Crl.MC.No.2760 of 2015 ---------------------------------- M.C.NO.390/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT,PONNANI. ..
PETITIONER'S/PETITIONER'S:
-------------------------------------------- 1.
SAINABA,AGED 49 YEARS,D/O.KUNJU, PERUMBULLY HOUSE,PANAMBAD, PURANG,MALAPPURAM DISTRICT.
2.
RUBEENA,AGED 24 YEARS,D/O.KUNJU, PERUMBULLY HOUSE,PANAMBAD, PURANG,MALAPPURAM DISTRICT.
3.
RISHANA,AGED 21 YEARS,D/O.KUNJU, PERUMBULLY HOUSE,PANAMBAD, PURANG,MALAPPURAM DISTRICT.
4.
SHIFFIL,AGED 14 YEARS,D/O.KUNJU, PERUMBULLY HOUSE,PANAMBAD, PURANG,MALAPPURAM DISTRICT.
REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SAINABA.
BY ADVS.SRI.K.B.ARUNKUMAR SRI.RANJIT BABU RESPONDENT'S/STATE AND DEFACTO COMPLAINANT:
-------------------------------------------------------------------------------- 1.
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,PIN:682031.
2.
MUHAMMEDALI,AGED 52 YEARS,S/O.KOYA, ARAKKA KATTIL CHITTARAYIL,PANAMBAD, PURANG,MALAPPURAM DISTRICT,PIN:679577.
BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
pk
Crl.MC.No.2760 of 2015 --------------------------------- APPENDIX PETITIONER'S ANNEXURES:
---------------------------------------- ANNEXURE A1:THE TRUE COPY OF THE ORDER DATED 30.12.2014 IN CMP NO.7139(A) 2014 IN M.C.NO.390/2014 ON THE FILE OF THE JFCM, PONNANI.
ANNEXURE A2:THE TRUE COPY OF THE PETITIONER NUMBERED AS C.M.P.NO.1636 OF 2015.
RESPONDENT'S ANNEXURES:
NIL ------------------------------------------- //TRUE COPY// P.S. TO JUDGE pk
K. HARILAL,J.
---------------------- Crl.M.C.No.2760 OF 2015 ------------------------------------- Dated this the 19th day of May, 2015
ORDER
The petitioners herein are the petitioners in M.C.No.390/2014 on the files of the Judicial First Class Magistrate's Court, Ponnani claiming protection under Sections 17, 18 (a), (d) ,(e), (f), (g), 19(a), (b),(c),(d), (e) and 20(1) of the Protection of Women from Domestic Violence Act against the 2nd respondent.
2. The learned Magistrate passed Annexure A-1 interim order restraining the 2nd respondent from committing domestic violence and to pay interim maintenance. It is alleged that, the 2nd respondent flouted the said order by evicting the petitioners and inducting two male strangers in the shared house of the of the petitioners. Hence the petitioners filed Annexure A-2 petition on 28/03/2015. The grievance of the petitioners is that the learned Magistrate without passing any order therein adjourned the same to 18/05/2015 and thereafter
Crl.M.C.No.2760 OF 2015 2 to 23/05/2015. The apprehension expressed in this Crl.M.C. is that the learned Magistrate may again adjourn Annexure A-2 to another date, without considering the same on merits, unless a specific direction is given in this respect. The relief sought for in this Crl.M.C. appears to be genuine and reasonable.
Consequently, the learned Magistrate is directed to consider and pass orders on Annexure A-2 application at the earliest, after affording an opportunity of being heard to the petitioners.
Sd/-K. HARILAL JUDGE MJL