IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 Crl.MC.No. 1864 of 2010() ------------------------- CRA.202/2010 of ADDL. SESSIONS COURT, THRISSUR .................... PETITIONER(S): RESPONDENTS/RESPONDENTS: ------------------------------------------------------------------------------ 1. BABY, AGED 42 YEARS, S/O.VARGHESE, NELLISSERY HOUSE, P.O.VELUPPADAM, PULIKKANNY DESOM, VIA AMBALLOOR, MUKUNDAPURAM TALUK. 2. BEENA, AGED 37 YEARS, W/O.BABY, NELLISSERY HOUSE, P.O.VELUPPADAM, PULIKKANNY DESOM, VIA AMBALLOOR, MUKUNDAPURAM TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT(S): APPELLANT/PETITIONER & STATE: --------------------------------------------------------------------------------- 1. ROSSA, AGED 80 YEARS, W/O.LATE VARGHESE, NELLISSERY HOUSE, P.O.CHEVANNAMANNU, CHUVANNAMANNU DESOM, PANACHERY VILLAGE, THRISSUR TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/05/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1864 of 2010 = = = = = = = = = = = = = = Dated this the 28th day of May, 2010 ORDER Petitioners, who are the respondents in M.C.No.42 of 2010 on the file of the J.F.C.M -III, Thrissur filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 challenge the interim ex parte order passed by the learned I Additional Sessions Judge, Thrissur in Crl.M.P.No.1374/2010 in Crl.Appeal No.202/2010. 2. According to the petitioners, the lower appellate court has granted an interim relief and that too ex pate which was not granted by the learned Magistrate and since the impugned ex parte order is a monetary relief falling under Section 20 of the said Act, it could have been granted only while disposing of an application under Subsection 1 of Section 12 as indicated by Section 20 itself. Since the impugned order is an ex parte order passed by the lower appellate court, the normal course open to the petitioner is Crl. M.C. No. 1864 of 2010 2 to appear before that court and raise their contentions before that Court and either seek to get the interim order vacated or modified or get the appeal itself disposed of on merits. With this liberty to the petitioner, this Crl.M.C is disposed of. Dated this the 28 th day of May, 2010. V. RAMKUMAR, JUDGE sj