IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 OP(Crl.).No. 1579 of 2011(Q) --------------------------------------- MC.6/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT, VAIKOM .................... PETITIONER: -------------------- SALOMI ALIAS SALOMMA JOB, AGED 45 YEARS, W/O JOY JOSEPH, THULISSERIL, IRAVIMANGALAM KARA, MANJOOR, MUTTUCHIRA P.O., VAIKOM, KOTTAYAM DISTRICT-680 613. BY ADV. SRI.B.RAMACHANDRAN, SMT.K.B.REKHA. RESPONDENT(S): ------------------------- 1. OUSEPH ALIAS JOSEPH, AGED 70 YEARS, S/O. OUSEPH, THULISSERIYIL, IRAVIMANGALAM KARA, MANJOOR, MUTTUCHIRA P.O., VAIKOM, KOTTAYAM DISTRICT-680 613. 2. ELEYAMMA JOSEPH, AGED 65 YEARS, W/O. JOSEPH, THULISSERIYIL, IRAVIMANGALAM KARA, MANJOOR, MUTTUCHIRA P.O., VAIKOM, KOTTAYAM DISTRICT-680 613. 3. BENNY JOSEPH, S/O JOSEPH, AGED 45, PROFESSOR, ELECTRONICS DEPARTMENT, JAI BHARATH ENGINEERING COLLEGE, ARCKAPDY, VENGOLA P.O., PIN-683 554. 4. SHOJI JOSEPH, W/O. BENNY JOSEPH, AGED 44, SENIOR SCIENTIST, CMFRI, ERNAKULAM, KOCHI-682 031. BY SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE, ADV. SRI.A.S.SAJUSH PAUL, SRI.THOMAS JAMES MUNDACKAL, SRI.BOBBY THOMAS, SRI.M.L.JISHNU, SRI.TONY THOMAS (INCHIPARAMBIL), SMT.S.AMBILY. THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(Crl.).No. 1579 of 2011(Q) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT DATED 09/04/2007 FILED BY THE PETITIONER BEFORE THE VANITHA COMMISSION. EXT.P2: COPY OF THE PROCEEDINGS OF KERALA WOMEN'S COMMISSION DATED 18/08/2007. EXT.P3: COPY OF THE COMMON JUDGMENT DATED 06/08/2010 IN O.S. NO.303/2008 AND O.S. NO.304/2008. EXT.P4: COPY OF THE COMPLAINT DATED 12/03/2008 OF THE PROTECTION OFFICER. EXT.P5: COPY OF THE PETITION DATED 14/10/2010 IN M.C. NO.6/2008 FOR ISSUANCE OF COURT DAIRY. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(Crl.) No.1579 of 2011 -------------------------------------- Dated this the 10th day of June, 2011. JUDGMENT Petitioner is the complainant in M.C.No.6 of 2008 of the court of learned Judicial First Class Magistrate-I, Vaikom. That proceeding is initiated under provisions of the Protection of Women from Domestic Violence Act. Petitioner prayed for a protection order and residence order. According to the petitioner, to circumvent the situation respondents filed O.S.Nos. 303 of 2008 and 304 of 2008 before the civil court and obtained a decree in their favour. Petitioner has challenged that judgment and decree in those cases in A.S.Nos.255 of 2010 and 256 of 2010. It is submitted that in the meantime, respondents have filed execution petitions and the same stood posted to May 23, 2011. Grievance of petitioner is that learned Magistrate has not passed any order in M.C.No.6 of 2008 so far. It is the further grievance of petitioner that petitioner filed Ext.P5, petition before the learned Magistrate but, a copy of court the diary as prayed for has not been issued. Learned counsel submitted that any proceeding under the Act is to be disposed of within a period of sixty days. 2. Having regard to the circumstances stated, learned Judicial First Class Magistrate-I, Vaikom is directed to dispose of M.C.No.6 of 2008 as expeditiously as possible (if there is no legal impediment in doing so). Having regard to the fact that respondents are trying to execute the decree they have OP(Crl.)1579/2011 2 obtained if petitioner is entitled to any interim order in the proceeding it is open to her to request learned Magistrate to pass such interim orders as law provides. If any such request is made, learned Magistrate has to take a decision on that matter, as provided under law. Learned Magistrate is also directed to pass appropriate orders on Ext.P5, application if it is not already disposed of. Writ Petition is disposed of with the above directions. THOMAS P.JOSEPH, Judge. cks