IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 Crl.MC.No. 1918 of 2011() ------------------------- MC.30/2011 of JUDL.MAGISTRATE OF FIRST CLASS, PALA .................... PETITIONER(S): RESPONDENTS: ------------------------------------------------ 1. VIJAYAN,S/O.NARAYANA KURUP, AGED 54, RESIDING AT CHANDRA TOWERS, VYTALA JUNCTION,VYTALA P.O. 2. GEETHA SASIDHARAN, W/O.SASIDHARAN, AGED 50 ,RESIDING AT TC 43/305,ROHINI, MANAKKADU DESOM, MANAKKADU VILLAGE,THIRUVANANTHAPURAM TALUK, EAST FORT P.O. 3. SASIDHARAN, S/O.THANAKAPPA KURUP, AGED 58 YEARS, RESIDING AT TC 43/305,ROHINI, MANAKKADU DESOM, MANAKKADU VILLAGE,THIRUVANANTHAPURAM TALUK, EAST FORT P.O 4. SHEELA, W/O.MADHU, AGED 48 YEARS, RESIDING AT CHEMBAKAMADATHIL,CHETHIMATTOM KARA, LALAM VILLAGE,MEENACHIL TALUK. 5. MADHU, AGED 52 YEARS, S/O.THANKAPPAN NAIR, RESIDING AT CHEMBAKAMADATHIL,CHETHIMATTOM KARA, LALAM VILLAGE,MEENACHIL TALUK. BY ADV. SRI.C.P.RAVIKUMAR RESPONDENT(S): STATE & PETITIONER: -------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, 2. PUSHPA, D/O.LATE NARAYANA KURUP, AGED 44 YEARS,KALARICKAL HOUSE, CHETHIMATAM KARA, KOZHITHADIYOOR P.O.,LALAM VILLAGE,MEENACHIL TALUK-686 589. R1 BY PUBLIC PROSECUTOR SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1918/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.1: COPY OF THE RATION CARD OF THE PETITIONER. ANNEX.2: COPY OF THE COMPLAINT AND NOTICE THEREOF IN M.C.NO.36/2011. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1918 of 2011 --------------------------------------- Dated this 24th day of June, 2011 ORDER Second respondent filed M.C.No.30 of 2011 before learned Judicial First Class Magistrate, Pala seeking various reliefs under the Protection of Women from Domestic Violence Act. According to the petitioners, first petitioner is having a ration card evidencing residence in the building No.9/220 of Pala Municipality regarding which also first respondent sought relief in M.C.No.30 of 2011. It is submitted that second petitioner has filed O.S.No.181 of 2008 in the Sub Court, Pala for partition and other reliefs and a preliminary decree was passed. Second respondent has challenged that decree in this Court in R.S.A.No.122 of 2011 which is pending. It is in the meantime that the second respondent has filed Annexure-2, petition before e learned Magistrate under the Act. According to the petitioner, proceeding before learned Magistrate is not sustainable and hence this petition. Learned counsel contended that in view of the pending civil proceeding, learned Magistrate ought not have taken the petition on file. Crl.M.C.No.1918 of 2011 -: 2 :- 2. As seen from Annexure-2, notice was issued to the parties concerned including petitioners to appear before the learned Magistrate on 18.06.2011 to answer the petition. It is open to the petitioners to raise all their contentions before learned Magistrate and show that petition preferred by the second respondent is not maintainable (as learned counsel for petitioners contend). There is no reason why this Court should quash proceeding. Resultantly without prejudice to the right of petitioners to raise their contentions before learned Magistrate this petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-