IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 13482 of 2009(Q) -------------------------------------- MC.42/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT, CHENGANNUR .................... PETITIONER(S): ---------------------- DHANYA SAM, D/O.FR.K.A.MATHEW, ARIYATTU HOUSE, THIRUVANVANDOOR P.O., CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. MR.P.KURUVILLA JACOB RESPONDENT(S): ------------------------- 1. SAM ABRAHAM, S/O.ITTIYAVIRAH, KOCHAETHU HOUSE, AYTHALA P.O., RANNI, NOW RESIDING AT F-7/6 LIC QUARTERS, LIC COLONY, BORIVILI (W), MUMBAI-103. 2. ITTIYAVIRAH, KOCHETHU HOUSE, AYTHALA P.O., RANNI. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 13482/2009-Q APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE C.M.P. NO.96/09 FILED BY PETITIONER IN M.C. NO.42/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHENGANNOOR. EXT.P2: COPY OF THE C.M.P. NO.2732/2009 FILED BY PETITIONER IN M.C. NO.42/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHENGANNOOR. EXT.P3: COPY OF THE C.M.P. NO.1082/2009 FILED BY PETITIONER IN M.C. NO.42/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHENGANNOOR. EXT.P4: COPY OF THE PETITIONER'S APPLICATION DATED 16/04/2009 SUBMITTED BEFORE THE EXECUTIVE COMMITTEE OF ST. KURIAKOSE KNANAYA CHURCH AT AYTHALA, RANNI. EXT.P5: COPY OF THE PETITIONER'S APPLICATION DATED 27/04/2009 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRAT COURT CHENGANNOOR SEEKING TO ADVANCE THE POSTING OF M.C.42/2008. EXT.P6: COPY OF THE ORDER DATED 29/04/2009 IN C.M.P. NO.2732/2009 IN M.C. NO.42/2008 OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE CHENGANNOOR. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ M.SASIDHARAN NAMBIAR, J. ==================== W.P.(C) No. 13482 of 2009-Q ==================== Dated this the 12th day of June, 2009. JUDGMENT Petitioner filed M.C.No.42/2008 before Judicial First Class Magistrate Court, Chengannor under Section 12 of Protection of Women from Domestic Violence Act. In that case she filed Ext.P3 petition for interim direction to first respondent preventing him from transferring retirement benefits to the second respondent or anybody else and also for a direction to keep 50% of the voluntary retirement benefits in his own name. This petition is filed under Article 227 of the Constitution of India for a direction to the Magistrate to dispose Ext.P3 petition contending that it is not being disposed. When the Writ Petition came up for admission on 12-5-2009, a direction was issued to first respondent to keep 50% of voluntary retirement benefits in his own name. 2. Though notice was ordered to first respondent, he did not appear before this court. W.P.(C) No.13482/2009-Q -2- 3. Learned Counsel appearing for petitioner was heard. 4. In the nature of the relief sought for and to be granted, I do not find it necessary to wait for the appearance of first respondent. 5. Judicial First Class Magistrate, Chengannur is directed to pass appropriate orders in accordance with law in Ext.P3 petition expeditiously, at any rate, within two months from the date of receipt of a copy of the judgment. First respondent shall keep 50% of his retirement benefits in his own name if he receives the benefits before the order is passed by the Magistrate in Ext.P3 petition. M.SASIDHARAN NAMBIAR JUDGE dkr