IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Crl.MC.No. 1047 of 2005(A) ------------------------------------- MC.3/2002 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PERINTHALMANNA. .................... PETITIONER/PETITIONER/COUNTER PETITIONER: ------------------------------------------------------------------------ ERAYATHRA MUHAMMED MUSTHAFA, S/O. KUNHALAVI, MUTHUKURUSSI, ELAD P.O., ELAMKULAM AMSOM, PERINTALMANNA TALUK, REPRESENTED BY POWER OF ATTORNEY, KUNHIKKAMMU. BY ADV. MR.C.M.KAMMAPPU RESPONDENTS: ------------------------ 1. PAZHAYATHODI AYISHA, D/O. ABOOBACKER, ELAD, MUTHUKURUSSI, ELAMKULAM AMSOM, PERINTHALMANNA TALUK. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1047 OF 2005 ------------------------------------------ Dated 9th June 2009 O R D E R Petitioner is the counter petitioner in C.M.P.691A/2003 in M.C.3/2002 on the file of Judicial First Class Magistrate, Perinthalmanna. As per order dated 5/2/2005 learned Magistrate set aside the ex-parte order passed under Section 3 of Muslim Women (Protection of rights on Divorce) Act, 1986 on the petitioner furnishing a security of Rs.1,00,000/- towards maintenance of the wife. This petition is filed challenging the said condition. Petitioner was directed to take notice to first respondent as early as on 18/3/2005. Till this day petitioner did not remit the process and therefore notice was not issued. 2. Learned Magistrate under Annexure-I order set aside ex-parte order. Petitioner was directed to deposit only Rs.1,00,000/- and that too with a direction to keep it as security. In such circumstances, I find no reason to interfere with that CRMC 1047/09 2 order. If the petitioner has not deposited the amount so far, if the deposit is made within two weeks from today it shall be treated as in compliance with Annexure-I order. Petition is disposed of accordingly. M.SASIDHARAN NAMBIAR, JUDGE. uj.