IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 WP(C).No. 20104 of 2010(Q) -------------------------- MC.43/2010 of J.M.F.C.,NEDUMKANDOM .................... PETITIONER(S): SHAMLA, W/O. ANAZIR, AGED 29 YEARS, BLOCK NO. 240, MOONNUMUKKU,MUNDIYERUMMA,KALLAR KARA,PARATHODU. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): 1. ANAZIR, BLOCK.NO.240, MOONNUMUKKU,MUNDIYERUMMA,KALLAR KARA,PARATHODU VILLAGE. 2. FARISSA, BLOCK NO.240, MOONNUMUKKU,MUNDIYERUMMA,KALLAR KARA,PARATHODU VILLAGE. 3. ANASARI, BLOCK NO. 240, MOONNUMUKKU,MUNDIYERUMMA,KALLAR KARA,PARATHODU VILLAGE. 4. JALEELA CLOCK NO. 240, MOONNUMUKKU,MUNDIYERUMMA,KALLAR KARA,PARATHODU VILLAGE. 5. SHAKKEELA W/O.KUNJIBRAHIM, BLOCK NO.240, MOONNUMUKKU,MUNDIYERUMMA,KALLAR KARA,PARATHODU VILLAGE. 6. THE STATION HOUSE OFFICER, NEDUMKANDAM POLICE STATION, IDUKKI DISTRICT. GOVERNMENT PLEADER SRI.KAMMAPPU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.20104 of 2010 = = = = = = = = = = = = = = Dated:08.07.2010 JUDGMENT The writ petitioner, who is the wife of the 1st respondent, filed M.C.No.43/2010 before the J.F.C.M-I, Nedumkandom under Section 12 of the Protection of Women from Domestic Violence Act, 2005 . As per C.M.P.No.3355/2010 filed under Section 23(2) of the said Act, she sought certain interim orders. The learned Magistrate as per Ext.P1 order dated 29.05.2010 gave the following directions in C.M.P.No.3355/2010:- 1.The respondents are restrained from committing any act of domestic violence against the petitioner. 2. The respondents are restrained from dispossessing or in any other manner or disturbing the possession of the petitioner from the shared household bearing No.XIII/496 (Old No.X/431) of Nedumkandam Grama Panchayath whether or not the respondents have a legal or equitable interest in the shared household. 3. Respondent Nos.2 to 5 are restrained from entering the shared household in which petitioner resides. W.P.(c)No.20104 of 2010 2 4. 1st respondent is directed to grant custody of the children to the petitioner. 5. 1st respondent is directed to pay monthly maintenance of Rs.1,500/- to the petitioner. 2. Aggrieved by Ext.P1 order the respondents have preferred an appeal before the Sessions Court, Thodupuzha as Crl.Appeal No.151/2010 under Section 29 of the Act. It has been got ascertained from II Additional Sessions Court, Thodupuzha where the said appeal is pending as to whether any stay has been granted in the said appeal. The learned Additional Sessions Judge has reported that no interim stay has been granted in the above appeal. If so, in the light of the directions issued by this Court on 6.7.2010 the learned Sessions Judge must have re-transmitted the records to the learned Magistrate . 3. One of the grievances of the petitioner is that eventhough as per Ext.P1 order the Magistrate had inter alia granted custody of the two children of tender age to the petitioner/mother and even though no stay has been granted by the Sessions Court, in appeal, the learned Magistrate has not implemented the said order regarding custody eventhough W.P.(c)No.20104 of 2010 3 Ext.P3 petition was filed for implementing the five directions in Ext.P1 order. 4. It is true that Ext.P3 is a petition filed by the petitioner for implementing the directions in Ext.P1 order. But it is an omnibus petition containing several prayers. The petitioner will have to seek implementation of the order for custody by filing separate petition. In case the petitioner files an application under Section 97 Cr.P.C to implement the order for custody the learned Magistrate shall pass appropriate order thereon taking into account the fact that the Sessions Court has not granted any stay of Ext.P1 order. The petitioner may seek implementation of other reliefs granted under Ext.P1 order by filing separate applications before the Magistrate. Reserving the above right of the petitioner this writ petition is disposed of as above. Dated this the 8 th day of July, 2010. V. RAMKUMAR, JUDGE sj