IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 WP(C).No. 13605 of 2010(Q) -------------------------- AGAINST THE ORDER DATED 08 /03 / 2010 IN CMP.1648/2010 IN MC.59/2009 of J.M.F.C.,VARKALA .................... PETITIONER --------------- JAYAPRAKASH B., AGED 46 YEARS, S/O.BHASKARA KURUP, "KAMALA NIVAS", VETTIYARA P.O., NAVAIKULAM, KALLAMBALAM, THIRUVANANTHAPURAM. BY ADV. SRI.B.HARISH KUMAR RESPONDENTS: --------------- 1. BINDHU S., AGED 35 YEARS, D/O.OMANA AMMA, NOW RESIDING AT "KAMALA NIVAS", VETTIYARA P.O., NAVAIKULAM, KALLAMBALAM, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH,J -------------------------------------------- W.P.(C).NO. 13605 OF 2010 ------------------------------------------ Dated this the 30th day of April, 2010. JUDGMENT Petitioner, respondent in M.C.No.59 of 2009 of JFCM-I, Varkala and appellant in Crl. Appeal No.223 of 2010 of the court of learned Sessions Judge, Thiruvananthapuram seeks a direction to the learned Sessions Judge to expeditiously dispose of Crl.Appeal No.223 of 2010 and a direction to the JFCM-I Varkala to consider the objection filed against Ext.P1 order and pass appropriate orders. He also seeks Interim stay of operation of the order in CMP No.1648/2010 in M.C.No.59/09 passed under Secs.12,17,18,19,20 and 22 of the Protection of Women from Domestic Violence Act. Learned counsel submits that under cover of Ext.P1 order, respondents, with the assistance of Police are harassing the petitioner. Since the application for stay is pending consideration of the W.P.C.NO. 13605 OF 2010 2 learned Sessions Judge in Crl.Appeal No.223/2010 and the petitioner has sought a statutory remedy it is not necessary for this court to invoke jurisdiction under Article 227 of the Constitution. So far as the request for early disposal concerned, I make it clear that it is open to the petitioner to request learned Sessions Judge for an early disposal of Crl.Appeal No.223/2010 and/or stay petition filed therein and if any such request is made, learned Sessions Judge will consider the request sympathetically and pass appropriate orders. With the above direction, this petition is dismissed. THOMAS P JOSEPH,JUDGE. pm W.P.C.NO. 13605 OF 2010 3