IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Crl.MC.No. 1718 of 2011() ------------------------------------- CRL.MP.1278/2011 IN CRA.185/2011 OF SESSIONS COURT, KOLLAM .................... PETITIONER/PETITIONER: -------------------------------------- AJAYAGHOSH, S/O.SIVASANKARAN, LAILA BHAVANAM, M.C.III/848, KADAPPAKADA, KOLLAM. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT/RESPONDENT & STATE: ---------------------------------------------------------- 1. S. REKHA, D/O.SULOCHANA, ANANDA BHAVANAM, PEOPLES NAGAR/222, KADAPPAKADA, VADAKKEVILA VILLAGE, KOLLAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.V. MANU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1718 of 2011 ==================================== Dated this the 10th day of June, 2011 O R D E R Petitioner is the first respondent in M.C. No.184 of 2007 of the court of learned Judicial First Class Magistrate-II, Kollam and the appellant in Crl. Appeal No.185 of 2011 of the court of learned Sessions Judge, Kollam. First respondent has filed a petition under provision of the Protection of Women from Domestic Violence Act seeking various reliefs including maintenance at the rate of `5,000/- per month. Learned Magistrate by Annexure-2, order while rejecting other reliefs directed petitioner to pay `2,00,000/- to the first respondent and pay maintenance to her at the rate of `2,000/- per month from the date of petition. That order was challenged in Crl. Appeal No.185 of 2011. Petitioner filed Crl. M.P. No.1278 of 2011 for stay of operation of the order passed by the learned Magistrate. Learned Sessions Judge passed Annexure-3, order on Crl.M.P. No.1278 of 2011 granting stay on condition of petitioner remitting the arrears of maintenance within one month and continuing to remit future maintenance. That condition is under challenge in this petition. CRL.M.C. No.1718 of 2011 -: 2 :- Learned counsel submits that even as admitted by the first respondent as P.W.1 she is getting monthly income of `4,000/- from her employment. It is also the contention of learned counsel that even as per the evidence of first respondent there is no domestic violence so that learned Magistrate could direct payment of maintenance. 2. Now I am concerned with the question of learned Sessions Judge imposing conditions while granting stay and whether the conditions imposed are oppressive. As per the order under challenge petitioner is to deposit `90,000/- being past maintenance. Having regard to the circumstances stated I am inclined to think that some modification of the order passed by the learned Sessions Judge is required. Resultantly, Criminal Miscellaneous Case is allowed. Annexure- 3, order dated 17.05.2011 on Crl.M.P. No.1278 of 2011 in Crl. Appeal No.185 of 2011 of the court of learned Sessions Judge, Kollam is modified to the extent that petitioner need deposit only `30,000/- (Rupees Thirty thousand only) in the trial court within a month from CRL.M.C. No.1718 of 2011 -: 3 :- this day and continue to pay future maintenance to the first respondent at the rate of `1,500/- (Rupees One thousand and five hundred only) per month from 17.05.2011. Learned Sessions Judge may also consider, on service of notice on the parties concerned possibility of disposing of the appeal as early as possible. THOMAS P. JOSEPH, JUDGE. vsv