IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Crl.Rev.Pet.No. 4046 of 2007() ------------------------------ MC.19/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... REVN. PETITIONER: PETITIONER ------------------------------------- SEELIYA, AGED 34 YEARS, D/O.T.A.SEETHY, PUTHENPARAMBIL, THALAYOLAPARAMBU, VAIKOM, KOTTAYAM DISTRICT, NOW RESIDING AT PEEDIACKAL HOUSE, S.R.M.ROAD, PACHALAM P.O., COCHIN-12. BY ADV. SRI.S.RAJEEV RESPONDENTS: COUNTER PETITIONER & STATE ------------------------------------------------------ 1. HASHIM, S/O.SHAMSUDHEEN, PEEDIACKAL, PUTHUVASSERRY, KANJIRAMATTOM, ERNAKULAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.SHAJI P.CHALY SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.R.P No. 4046 of 2007 ========================== Dated this the 22nd day of February, 2008. O R D E R The petitioner, who was the applicant in M.C. No. 19 of 2006 on the file of the Judicial First Class Magistrate-I, Ernakulam under Section 3 of Muslim Women (Protection of Rights on Divorce) Act, 1986, challenges the order dated 16.06.2007 passed by the learned Magistrate dismissing the application on account of the persistent non-appearance of the petitioner. 2. Heard both sides. It is undertaken by the learned counsel for the petitioner that the petitioner will positively be present before the Magistrate on the next posting date in case an opportunity is given. Accordingly, the impugned order is set aside and the M.C. No. 19/2006 will stand restored to file. The petitioner shall appear before the learned Magistrate positively on 17.03.2008 with the preparedness to proceed further in the M.C. This Crl. M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv