IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 OP(Crl.).No. 2876 of 2011(Q) ---------------------------- MP.2698/2011 of J.M.F.C.-II, KOCHI .................... (S): PETITIONERS ------------------------------- 1. JOMY JOSE, S/O.JOSE V.J., AGED 28 YEARS, RESIDING AT VADAKKE THAZHUPI PARAMBIL HOUSE, KUMBALANGI P.O., KOCHI - 7. 2. JOSE V.J., S/O.CHACKO, AGED 55 YEARS, RESIDING AT VADAKKE THAZHUPI PARAMBIL HOUSE, KUMBALANGI P.O., KOCHI - 7. 3. MARY @ KOMALAM, W/O.JOSE V.J., AGED 50 YEARS, RESIDING AT VADAKKE THAZHUPI PARAMBIL HOUSE, KUMBALANGI P.O., KOCHI - 7. BY ADV. SRI.TOM JOSE SMT.GEETHA JOB(OZHUKAYIL) RESPONDENT(S): AGGRIEVED PERSON AND STATE ----------------------------------------- 1. DEEPA JOSEPH, D/O.P.J.JOSEPH, AGED 27 YEARS, RESIDING AT PANAYKKAL HOUSE C.C.NO.20/1873 F, KONNAM, KOLLASSERRY ROAD, PALLURUTHY, KOCHI - 6. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682 031. ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE FOR R1 SRI.S.SUJIN FOR R1 SRI.V.JOHN MANI FOR R1 SRI. B. JAYASURYA, PUBLIC PROSECUTOR THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(Crl.).No. 2876 of 2011(Q) APPENDIX PETITIONER'S EXHIBITS EXT.P1 COPY OF THE COMPLAINT PREFERRED AS M.C.NO.3679/2009 BEFORE THE HON'BL JFCM COURT II, KOCHI BY THE IST RESPONDENT. EXT.P2 TRUE COPY OF THE OBJECTION DATED 22/12/2009 FILED BY PETITIONERS TO EXHIBIT P1 AND APPLICATIONS. EXT.P3 TRUE COPY OF THE ORDER 22/12/2009 IN CRL.M.P.NO. 4059/2009 DIRECTING THE PETITIONER TO PAY AN INTERIM MAINTENANCE AT THE RATE OF RS.3000/- PER MONTH. EXT.P4 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN CRL.M.C.NO.2066/2010 DATED 11/6/2010. EXT.P5 TRUE COPY OF THE ORDER IN CRL.M.P.NO.624/2011 IN M.P.3679/2009 DATED 5/2/2011 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOCHI. EXT.P6 TRUE COPY OF THE ORDER IN M.P.NO.3679/2009 DATED 11/4/2011 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT COURT II, KOCHI. EXT.P7 TRUE COPY OF THE ORDER OF THE HON'BLE SESSIONS COURT CRL.APPEAL NO.397/2010. EXT.P8 TRUE COPY OF THE AFFIDAVIT AND PETITION IN CRL.M.P.NO.2698/2011 IN M.P.3679/2009 DATED 4/6/2011 FILED BY THE IST RESPONDENT HEREIN. EXT.P9 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS TO EXHIBIT P8 PETITION. EXT.P10 TRUE COPY OF THE ORDER IN CRL.M.P.NO.2698/2011 DATED 25/6/2011 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOCHI. RESPONDANTS'S EXHIBITS TRUE COPY P.A TO JUDGE N.K.BALAKRISHNAN, J. ---------------------------------------------------- OP(CR) No. 2876 of 2011 ---------------------------------------------------- Dated this the 4th day of October, 2011 ORDER Petitioners are the respondents in M.C No.3679/2009 of JFCM II, Kochi. An ex-parte order was passed against them under Section 12 of the Protection of Women from Domestic Violence Act. It is stated that no appeal was filed by the petitioners before the Sessions Court. Instead they have filed a petition under Article 227 of the Constitution to stay all further proceedings pursuant to Exts.P3, P5, P6 and P10 orders passed by the Learned Magistrate. Those orders are appealable orders. Hence the petitioners have to move the appellate Court for appropriate reliefs. The learned counsel for the petitioners submits that if appeals are filed it will not be disposed of in the near future. Since appeals have not been filed so far, no further direction can be issued with regard to the same. It is for the petitioners to urge the necessity of taking up the petitions at the earliest. Criminal M.C is disposed of accordingly. Sd/- N.K. BALAKRISHNAN, JUDGE jma //true copy// P.A to Judge