IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Crl.MC.No. 2221 of 2010() ------------------------- MC.87/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS-II, MAVELIKKARA .................... PETITIONERS/RESPONDENTS: --------------- 1. ANI, AGED 28 YEARS, W/O.ANILKUMAR, BINI NIVAS, PANAYIL MURI, PALAMEL VILLAGE, MAVELIKARA, ALAPPUZHA DISTRICT. 2. MADHAVAN NAIR, AGED 58 YEARS, BINI NIVAS, PANAYIL MURI, PALAMEL VILLAGE. MAVELIKKARA, ALAPPUZHA DISTRICT. 3. SURESH, AGED 40 YEARS, SURABHI, PANAYIL MURI, PALAMEL VILLAGE. MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.R.PADMAKUMAR RESPONDENTS: --------------- 1. STATE OF KERALA- REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THANKAMONIYAMMA, AGED 61 YEARS, TAPASYA, CHUNAKARA NADUVILE MURI, CHUNAKARA VILLAGE, MAVELIKARA, ALAPPUZHA DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2221 of 2010 ---------------------------------------- Dated this the 28th day of June, 2010 ORDER Petitioners are the respondents in M.C.No.87/2010 on the file of the Judicial Magistrate of the First Class-II, Mavelikara filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005. According to the petitioners the said application is not maintainable in the light of the interpretations given to the provisions of the Act by various judicial pronouncements. The petitioners have admittedly filed Annexure-A2 objection before the Magistrate raising all the defences available to them. Admittedly no interim orders are in force against the petitioners. Hence the remedy of the petitioners is to pursue their objections before the Magistrate. Accordingly, this Criminal M.C. is disposed of allowing the petitioners to pursue Annexure-A2 objection before the Magistrate. Until orders are passed on Annexure-A2 objection, the learned Magistrate shall not insist upon the personal appearance of the petitioners before him. V.RAMKUMAR, JUDGE skj