IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 Crl.MC.No. 2963 of 2010() ------------------------------------------- AGAINST THE ORDER IN CMP 15745/2009 IN MCDV.117/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY .................... PETITIONER(S): R1 ----------------------------- SHIHABUDEEN, AGED 37 YEARS, S/O.JAMALUDEENKUNJU, PALAVADAKKATHIL, VADAKKUMTHALA P.O., KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): COMPLAINANT AND STATE --------------------------------------------------------------------------- 1. RAHIYANATH, D/O.SHAMSUDEEN, KUMBAZHAKIZHAKKATHIL, NADUVILAKKARA MURI, THEVALAKKARA VILLAGE, KOLLAM. 2. THE PROTECTION OFFICER, KOLLAM, DISTRICT PROBATION OFFICER GR.I, DISTRICT PROBATION OFFICE, CIVIL STATION, KOLLAM. 3. THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2963 of 200 = = = = = = = = = = = = = = Dated this the 28 th day of July, 2010 ORDER Petitioner, who is the 1st respondent in M.C(DV) No.117/2009 on the file of the J.F.C.M, Karunagappally, challenges Annexure A order dated 31.03.2010 passed by the Magistrate in C.M.P.No.15745/2009 as per which the custody of three children was given by the Magistrate to the 1st respondent/mother. Annexure A order was an interim order passed under Section 21 read with Section 23(2) of the Protection of Women from Domestic Violence Act, 2005 and the said order was confirmed in appeal by the Sessions Court, Kollam and by this Court as per Annexure D order in Crl.R.P.No.1881 of 2010. The petitioner cannot thereafter collaterally attack the said order in a petition under Section 482 Cr.P.C. The only course open to the petitioner is to seek final order in M.C.(D.V)117/2009 besides approaching the Family Court for permanent custody of the children. This Crl.M.C is disposed of directing the Magistrate to pass final orders, if not already passed, in M.C(DV) No.117/2009. Dated this the 28th day of July, 2010. V. RAMKUMAR, JUDGE sj