IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 OP(Crl.).No. 2000 of 2011(Q) --------------------------------- MC.21/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT ,MATTANNUR .................... PETITIONER/RESPONDENT ----------------------------------------- VINOD GOPAL, S/O. BALAKRISHNAN, AGED 46 YEARS, "SREE LAKSHMI", VELLARVALLY AMSOM DESOM, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): PETITIONER/STATE ------------------------------------------------------- 1. A. JALEELA, W/O. VINOD GOPAL, VADAVATHY HOUSE, NARAVOOR.P.O., KOOTHUPARAMBA, KANNUR DISTRICT-670588. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031. R2 BY PUBLIC PROSECUTOR SRI.V.MANU THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OP(CRL) NO.2000/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PETITION IN MC. 21/2011 BEFORE THE JUDICIAL IST CLASS MAGISTRATE COURT, MATTANNUR. P2:- COPY OF THE CMP.1590/2011 FILED BY THE PETITIONER. P3:- COPY OF THE ORDER IN CMP. 1590/2011 IN MC.21/2011 OF JUDICIAL IST CLASS MAGISTRATE MATTANNUR. P4:- COPY OF THE CMP. 1829/11 FILED BY THE RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss THOMAS P.JOSEPH, J. ==================================== O.P(Crl.) No.2000 of 2011 ==================================== Dated this the 24th day of June, 2011 J U D G M E N T Petitioner is first respondent in M.C. No.21 of 2011 of the court of learned Judicial First Class Magistrate, Mattannur. That petition was filed by first respondent herein under Sections 12, 17 to 21 and 23 of the Protection of Women from Domestic Violence Act seeking various reliefs such as order against her forcible eviction from the shared household, alienation or sale of property and other reliefs. First respondent filed Ext.P2, application for interim relief. On that application learned Magistrate passed Ext.P3, ex parte order on May 03, 2011 restraining petitioner from evicting first respondent from the shared household. On 21.05.2011 petitioner filed Ext.P4, application to revoke the ex parte interim order. Grievance of petitioner is that learned Magistrate has not so far disposed of that application. Learned counsel submitted that first respondent had an affair with another person which was caught red handed in the year 2004 and from then onwards first respondent left the company of petitioner leaving their children aged 14 and 16 years. First respondent O.P(Crl.) No.2000 of 2011 -: 2 :- has not resided in the house of petitioner and she is not entitled to any interim relief granted by the learned Magistrate. Petitioner is employed abroad and hence it is necessary that orders are passed on Ext.P4, application as early as possible. I have heard learned Public Prosecutor also. Having regard to the difficulties stated by petitioner I am inclined to issue a direction to the learned Magistrate to dispose of Ext.P4, application expeditiously. Writ Petition is disposed of directing learned Judicial First Class Magistrate, Mattannur to dispose of Ext.P4, application as early as possible after affording opportunity of being heard to the parties. THOMAS P. JOSEPH, JUDGE. vsv