IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 36365 of 2009(Q) ---------------------------------------- CMP.6596/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR. .................... PETITIONER(S): ----------------------- DR. P.L. MARY, AGED 52, D/O. LATE P.L.LONAPPAN, PROFESOR OF PSYCHOLOGY, PONDICHERI INSTITUTE OF MEDICAL SCIENCES C/O. P.L.JOSE, PANTHALLURKARAN VEEDU, UNITY ROAD, KURIACHIRA, THRISSUR. BY ADV. MR.G.SREEKUMAR (CHELUR), SMT.PREETHY KARUNAKARAN, MR.K.RAVI (PARIYARATH). RESPONDENT(S): ------------------------- VINCENT CHIRAYATH, AGED 52, S/O. DEVASSY, CHIRAYATH VEEDU, OPPOSITE DEEPTHI HIGH SCHOOL, THALORE POST, THRISSUR, NOW RESIDING AT CHIRAYATH VEEDU, NEAR SURYA EXPORTING COMPANY, KODANNUR POST, THRISSUR DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No.36365 OF 2009 =========================== Dated this the 24th day of February,2010 JUDGMENT This petition is filed under Article 227 of the Constitution of India by the petitioner in C.M.P.6596/2008 on the file of Judicial First Class Magistrate's Court I, Thrissur against the respondent under section 12 of the Protection of Women from Domestic Violence Act, 2005 for a direction to the Magistrate to dispose the case within a time frame. Report was called for from the learned Magistrate. Report submitted by the learned Magistrate discloses that after the appearance of the respondent, the case was posted for filing counter statement on 12.12.2008 and instead of filing the counter statement, he requested for time till February, 2009 contending that counselling is fixed in the connected case W.P.(C)36365/2009 2 before the Family Court to 8.1.2009 and statement need be filed only if there is no amicable settlement and on 2.2.2009 petitioner was absent and the respondent requested for a longer adjournment and finally when the case was posted to 23.5.2009, respondent filed a counter statement and also filed a petition under section 14 of the Act for counselling and ultimately the case is adjourned at the request of both parties and posted to 14.1.2010 for counselling. It is submitted that it is in such circumstances, the case is not being disposed. 2. Learned counsel appearing for the petitioner was heard. 3. Learned counsel appearing for the petitioner submitted that though there was counselling, it did not succeed and in such circumstances, there may be a direction to the learned Magistrate to dispose the petition. 4. Sub section (5) of Section 12 of the Act W.P.(C)36365/2009 3 provides that the Magistrate shall endeavour to dispose a petition filed under section 12 of the Act within sixty days from the date of its first hearing. As the petition is pending before the learned Magistrate from April,2008 onwards, the petition is disposed directing Judicial First Class Magistrate-I, Thrissur to dispose CMP 6596/2008 in accordance with law as expeditiously as possible, at any rate, within sixty days from the date of receipt of a copy of the judgment. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006