IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 OP(Crl.).No. 1760 of 2011(Q) ---------------------------------------- AGAINST THE ORDER DATED 09/06/2010 IN CMP.1494/2010 IN MC.6/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOCHI .................... PETITIONERS: ---------------------- 1. ABDUL LATHEEF, PADUVANGAL HOUSE, H.NO.287 A, SREEMOOLA NAGARAM, KAIPRA VIA., KALADY, ERNAKULAM-683 580. 2. AMEENA, W/O.ABDUL LATHEEF, PADUVANGAL HOUSE, H.NO.287 A, SREEMOOLA NAGARAM, KRIPA VIA, KALADY, ERNAKULAM-683 580. 3. ABDUL AZEES, S/O.ABDUL LATHEEF, PADUVANGAL HOUSE, H.NO.287 A, SREEMOOLA NAGARAM, KAIPRA VIA., KALADY, ERNAKULAM-683 580. BY ADV. SMT.MEREENA JOSEPH RESPONDENT(S): ------------------------- SAFEENA.I., AGED 23, D/O.IBRAHIM, H.NO.14/2026, R.K.PILLAI ROAD, CHULLIKKAL, THOPPUMPADY VILLAGE, KOCHI TALUK, PIN-682 005. BY ADVS. SRI.TOM JOSE SMT.B.SIMI SEBASTIAN THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.1760/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COMPLAINT FILED BY THE IST RESPONDENT BERFORE JUFCM II KOCHI. P2:- COPY OF THE ORDER OF JFCM II, KOCHI IN MC 6/10 DTD. 8.6.2010. P3:- COPY OF THE OBJECTION FILED BY THE PETITIONER'S IN THE MC. DTD. 10.12.2010. P4:- COPY OF THE ORDER OF JFCM-II, KOCHI DTD. 8.3.11. P5:- COPY OF THE ORDER DTD. 22.3.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(Crl.)No.1760 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of August, 2011 ORDER Heard learned counsel for the petitioners and the learned counsel for the respondent. 2. Petitioners herein are respondents 2, 3 and 4 in M.C.6/2010 pending on the file of Judicial Magistrate of First Class Court II, Kochi. The respondent is the petitioner in the said case. M.C.6/2010 was filed seeking reliefs under Sections 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005. Prayer in this original petition is for a direction to set aside Exhibits P4 and P5 orders, dated 8-3-2011 and 22-3-2011 respectively, of the Judicial Magistrate of First Class II, Kochi. 3. Vide Exhibit P4 order, learned Magistrate rejected the objection filed by the petitioners herein (respondents in M.C.6/2010) and directed them to clear off the arrears of maintenance. Learned counsel for the petitioner submits that part of the amount has been paid. Due to the failure of the respondents to comply with Exhibit P4 order, learned Magistrate issued Exhibit P5 order. 4. Considering the entire facts and circumstances of the case, I do not find any illegality or impropriety in the impugned orders passed by the learned Magistrate. I direct the husband of the defacto complainant to O.P.(Crl.)No.1760 OF 2011 2 deposit the entire arrears of maintenance in three equal instalments and to go on paying the current maintenance. Petitioner can file an application before the concerned Magistrate to recall the order dated 22-3-2011 and when such an application is filed learned Magistrate shall pass orders recalling the same. Original Petition is disposed of with the above observation. B.P.RAY, JUDGE jes