IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 Crl.MC.No. 3161 of 2011 -------------------------------- CMP.4168/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER/RESPONDENT: ALEXANDER MUTHALALY, MANGALATHU PANDAKASALA, PEACE NAGAR F-9 (MC 51/XIV), KIZHAKKETHERUVU, MELOLA, KOTTARAKKARA. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS/PETITIONER: 1. RENU ALEX,AYATHIL VEEDU, VADAKAODE KARA P.O., KOTTARAKKARA-691 508. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN CRMC 3161/2011 ANNEUXRE-I TRUE COPY OF THE ORDER DT. 22.6.2011 IN CMP 4168/2010 BEFORE JFCM-I, KOTTARAKKARA ANNEXURE-II TRUE COPY OF THE ADVOCATE NOTICE DT. 9.8.2011 ANNEXURE-III TRUE COPY OF APPLICATION IN CMP 4168/2010 BEFORE JFCM-I, KOTTARAKKARA ANNEXURE-IV TRUE COPY OF THE DOCUMENT DT. 20.3.06 ANNEXURE-V TRUE COPY OF THE TAX RECEIPT DT. 2.7.2011 ANNEXURE-VI TRUE COPY OF THE DOCUMENT DT. 15.6.2001 ANNEXURE-VII TRUE COPY OF THE OP 616/10 FILED BY THE RESPONDENT BEFORE FAMILY COURT, KOTTARAKKARA DT. 24.6.10 ANNEXURE-VIII TRUE COPY OF THE DETAILED OBJECTION DT. NIL IN OP 616/10 BEFORE FAMILY COURT, KOTTARAKKARA ANNEXURE-IX TRUE COPY OF SCHEDULE OF ITEMS OF PROPERTY SOUGHT TO BE ATTACHED BY THE FIRST RESPONDENT ANNEXURE-X TRUE COPY OF THE OP 358/2011 BEFORE FAMILY COURT, KOTTARAKKARA /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.No.3161 of 2011 ------------------------------------------- Dated this the 14th day of October, 2011 ORDER As per Annexure-I order, the learned Judicial First Class Magistrate-I, Kottarakkara directed the petitioner to pay Rs.10,000/- per month as maintenance to the first respondent and her two children. There is also a direction that petitioner should pay Rs.2,00,000/- as compensation to his wife. There was a further direction that petitioner should return Rs.5,00,000/- and fifty sovereigns of gold ornaments to the first respondent. This petition is filed challenging Annexure-I ex parte order. 2. Learned counsel for the petitioner submits that no notice/ summons was received by him in the proceedings in which Annexure-I order was passed and that immediately on coming to know of the ex parte order, he has filed Annexure-III petition-C.M.P.No.4168/2010 before the court below and that petition has not been disposed of so far. Learned counsel further submits that based on Annexure-I order execution proceedings with regard to second part of the order has been initiated against him. There was a further direction that first respondent should be put in possession of the house within thirty days from the date of Annexure-I order, i.e. from 22.06.2011. Learned CRMC 3161/2011 2 counsel for the petitioner submits that he is ready to proceed with the enquiry in the matter at the earliest, on any date that may be fixed by the court below. 3. Though notice was sent to the first respondent, she has not entered appearance. Since petitioner is ready to have the ex parte order enquired into and also to have the main case itself enquired into, this petition is disposed of in the following lines: Execution of Annexure-I order shall be kept in abeyance on condition that petitioner shall deposit Rs.15,000/- within one month from today. Petitioner shall undertake before the learned Magistrate that he is not and will not harass the first respondent physically or mentally. Petitioner will appear before the learned Magistrate on 22.10.2011 and file an application for advancement of the petitions, if any, pending before the trial court and for necessary orders. If such a petition is filed, learned Magistrate will try to dispose of the same as expeditiously as possible. (N.K.Balakrishnan, Judge) tkv