IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 11790 of 2010(Q) --------------------------------------- [CRL.A.NO.612/2009 OF I ADDL. DISTRICT COURT, TRIVANDRUM, CMP.NO.2397/2008 OF J.M.F.C.,VARKALA ] .................... PETITIONERS: --------------------- 1. NAZIMUDEEN, S/O.MUHAMMED KANNU, TEMPLE VIEW, CHERUKUNNAM DESOM, VARKALA VILLAGE, CHIRAYINKEEZHU TALUK. 2. NAZEEMA, D/O.MUHAMMED KANNU, SHAMEER MANZIL, CHERUKUNNAM DESOM, VARKALA VILLAGE, CHIRAYINKEEZHU TALUK. 3. SAFIYA BEEVI, D/O.HABEEB MUHAMMED, TEMPLE VIEW, CHERUKUNNAM DESOM, VARKALA VILLAGE, CHIRAYINKEEZHU TALUK. BY ADVS. MR.P.K.MUHAMMED, SMT.S.VIJI. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHAHANA, D/O.MUHAMMED BASHEER, CHAMA VILA VEEDU, CHERUKUNNAM DESOM, VARKALA VILLAGE, CHIRAYINKEEZHU TALUK. R1 BY GOVT. PLEADER MR. S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.11790 of 2010 Q -------------------------- JUDGMENT An order under Section 23(2) of Protection of Women from Domestic Violence Act was passed by Judicial First Class Magistrate-I, Varkala in C.M.P.No.2397/2008. Respondents challenged that order before Sessions Court, Thiruvananthapuram in Crl.A.No.612/2009, filed under Section 29 of the Act. By Exhibit P4 order, learned Sessions Judge granted stay of execution of the order to the extent of the direction to deposit Rupees Five lakhs as value of the gold ornaments and Rupees Two lakhs as pocket money. This petition is filed under Article 227 of Constitution of India for a writ of mandamus directing I Additional District Judge, Thiruvananthapuram to dispose Crl.A.No.612/2009 within a time frame. 2. Learned counsel appearing for the petitioners was heard. WPC 11790/10 2 3. Though learned counsel sought modification of Exhibit P4 order passed by the learned Sessions Judge, when the question whether second respondent is entitled to the value of the gold ornaments of Rupees Five lakhs as well as the pocket money of Rupees Two lakhs is to be decided by the learned Sessions Judge in Crl.A.No.612/2009, I find it not in the interest of justice to modify Exhibit P4 order. Learned Sessions Judge/learned I Additional District Judge, Thiruvananthapuram to dispose Crl.A.No.612/2009 as expeditiously as possible, at any rate, within one month from the date of re- opening of the courts. Petition is disposed. 6th April, 2010 (M.Sasidharan Nambiar, Judge) tkv