IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 23399 of 2010(Q) -------------------------- CMP.2667/2009 of J.M.F.C.,VARKALA .................... PETITIONER(S): ------------------------- NAZAR A.S., S/O.ABDUL SATHAR, KODAMVILAKOM KUNNUMPURATH VEEDU, NEERUMANKADAVU, KURINCHILAKKAD, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. BY ADVS, SRI.J.JAYAKUMAR, SRI.S.JIJI. RESPONDENT(S): --------------------------- JISA, D/O.KAMIL BEEVI, ANASKHAN MANZIL, MANANAAK KEEZHATTINGAL VILLAGE, CHIRAYINKEEZHU TALUK, PIN-695 101. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- W.P(C) No.23399 of 2010 -------------------------------------- Dated this the 4th day of August, 2010 J U D G M E N T Petitioner, who is the 1st respondent in CMP.No.2667/2009 on the file of the J.F.C.M Court-I, Varkala filed by the respondent herein under Section 12 of the Protection of Women from Domestic Violence Act 2005, seeks a direction to dispose of the same within a time frame. 2. This Court called for a report of the Magistrate as to why the above CMP has not been disposed of so far. As per letter dated 2.8.2010 the learned Magistrate has reported that the applicant's evidence is over with the examination of PWs 1 and 2 and that when the case was posted for evidence of the respondents on 26.6.2010 they remained absent and when the case was posted for evidence as last chance to 16.7.2010, on that day also they remained absent. Hence, the evidence could not be recorded. A witness schedule was filed and a request was made to issue summons to some of the witnesses and the case stands posted to 3.9.2010. The Magistrate has concluded by saying that if the respondents adduce evidence without any further delay, the case can be disposed of within a month. W.P(C) No. 23399 of 2010 : 2 : 3. The learned counsel for the petitioner submits that the petitioner, who is the 1st respondent has already filed proof affidavit and that it is due to the failure on the part of the respondent herein, that the case is being adjourned. Now that the case stands posted to 3.9.2010, on that day if the petitioner and other respondents to CMP.No.2667/2009 have any evidence to be adduced, they shall adduce the same and if the applicant respondent is dodging the cross examination of the witnesses, the learned Magistrate shall close the evidence and dispose of the case without any further delay. This writ petition is disposed of as above. V.RAMKUMAR, JUDGE dmb