IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WP(C).No. 32312 of 2009(Q) -------------------------- CMP.2922/2009 of J.M.F.C.-III,TRIVANDRUM ......................................... PETITIONER(S): --------------------- N.G.RAJAA, AGED 35, S/O. GOPALA PILLAI, 3-ANNAI ILLAM, SRI ARABINDO LANE, BHAGYALAKSHMI NAGAR, CHITTILAPPAKKAM, CHENNAI. BY ADV. MR.BIJU HARIHARAN RESPONDENT(S): ----------------------- DIVYA J.S., D/O. KUTTALAM, RANJINI NIVAS, HOUSE NO.23/219-1, VALIASALA, NEAR KAVIL KOVIL, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SS M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No.32312 OF 2009 =========================== Dated this the 12th day of November,2009 JUDGMENT This petition is filed under Article 226 of the Constitution of India for a direction to Judicial First Class Magistrate-III, Thiruvananthapuram to dispose CMP 4106/2009 in Crl.M.P.2743/2009, a petition filed under section 12 of Protection of Women from Domestic Violence Act, 2005 and not to consider the petition for prosecution under section 31 of the Act till that petition is decided. 2. Learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel is that though an interim order under section 23(1) of the Act was passed and it is challenged before the Sessions Court in an appeal and in the appellate court also the question of territorial jurisdiction is raised, when CMP 4106/2009 is filed before the learned Magistrate disputing the territorial jurisdiction the learned Magistrate is bound to consider and pass appropriate orders in the petition and therefore a direction is to W.P.(C)32312/2009 2 be issued and till then no proceedings is to be initiated for breach of the interim order passed under section 23 of the Act. 4. Petitioner has already challenged the order passed under section 23 of the Act in a regular appeal before the learned Sessions Judge . The question whether the interim order passed under section 23 of the Act is to be stayed or not is to be decided by the learned Sessions Judge in the appeal and petitioner is not entitled to get that order stayed, by filing a petition for a direction to the Magistrate to consider CMP 4106/2009. If CMP 4106/2009 is pending before Judicial First Class Magistrate Court, learned Magistrate to dispose it expeditiously. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006