IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Crl.MC.No. 853 of 2008() ---------------------------- C.M.P.NOS. 318 & 319 OF 2008 OF CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA. PETITIONER: RESPONDENT NO.1: ------------------------------------- MUHAMMED SALIH, AGED 30 YEARS, S/O. LATE KUNJABDULLA, PANACKAL PURAYIDOM, BEHIND VATTAPPALLY STUDY CIRCLE, LAJANATHU WARD, ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: PETITIONER & STATE: ------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NAZEERA, AGED 20 YEARS, D/O. NAZEER, PUTHEN VEEDU, MULLATHUVALAPPU, ALAPPUZHA. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 853 of 2008 ========================== Dated this the 27th day of February, 2008. O R D E R The petitioner, who is the husband of the 2nd respondent herein, was the 1st counter petitioner in C.M.P. Nos. 318 and 319 of 2008 on the file of the Chief Judicial Magistrate, Alappuzha. C.M.P. No. 319/2008 was the petition filed under Section 23 of the Protection of Women from Domestic Violence Act, 2005 for interim relief. As per Annexure D order order dated 05.02.2008, the learned Magistrate has held that the 2nd respondent herein is entitled to the following reliefs:- 1. An amount of Rs.7500/- for meeting her delivery expenses. 2. A monthly maintenance allowance of Rs.750/- per month. 3. She is also entitled to get back the articles scheduled to the petition which are admittedly in the possession of the petitioner herein. 2. The learned counsel for the petitioner submitted that the petitioner is willing to comply with the above directions and his only apprehension is that if the third relief is complied with, there CRL.M.C. NO. 853 of 2008 : 2 : is a possibility of his father-in-law misappropriating those valuables and that the petitioner is prepared to deposit the said articles in a bank locker and to hand over the key to the custody of the court. 3. Since the order was passed after hearing both sides, the remedy of the petitioner is to file an appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005. Hence, the petitioner may file an appeal against Annexure D order. In the case the petitioner files the appeal within the time limited by law, he may deposit the articles forming the subject matter of the third relief granted by the Magistrate, in a bank locker and hand over the key to the Sessions Court and may seek appropriate modification in appeal of the said direction issued by the Magistrate. This Crl. M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.M.C. NO. 853 of 2008 : 3 :