IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Crl.MC.No. 2821 of 2010() ------------------------- CMP.1044/2010 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM (MC.76/2009) .................... PETITIONER: --------------- SHAHUL HAMEED.I, S/O.M.IBRAHIM KUTTY, T.C.13/705, MRA-183 VANCHIYOOR P.O, THIRUVANANTHAPURAM-35 BY ADV. SRI.S.RAJEEV RESPONDENTS: --------------- 1. P.K.NABEESA BEEVI, D/O. FATHIMA BEEVI, T.C.NO.6/193 (4) NETHAJI ROAD VATTIYOORKAVU, THIRUVANANTHAPURAM 695 006 2. STATE OF KERALA REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2821 of 2010 ---------------------------------- Dated this the 23rd day of July, 2010 ORDER The petitioner who is the sole respondent in M.C.No.76 of 2009 on the file of the Additional Chief Judicial Magistrate, Thiruvananthapuram in a proceeding under the Protection of Women from Domestic Violence Act, 2005 filed C.M.P.No.1044 of 2010 before the Magistrate seeking to implead the other children of the first respondent/applicant. The above C.M.P. was filed in M.C.No.76 of 2009 as per which the petitioner’s mother had moved the Magistrate under Section 12 of the Act. 2. The grievance of the petitioner is that C.M.P.No.1044 of 2010 has been dismissed for default instead of on merits. I do not think that notice should go to the first respondent in this M.C. and thereby prolong the matter further. In case the petitioner files another Crl.M.C.No.2821/2010 : 2 : application for identical reliefs, the same shall be disposed of on merits after giving both sides an opportunity of being heard. The petitioner shall co-operates with the court below in the matter of hearing the said application to be filed. This Crl.M.C. is disposed of as above. V.RAMKUMAR, JUDGE skj