IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Crl.MC.No. 2509 of 2010() ------------------------- MC.34/2009 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... PETITIONER(S): / RESPONDENT IN MC ---------------------------------------------------- G.PADMAKUMAR, AGED 42 YEARS, KARTHIKA BHAVAN HOUSE, KEEZHILLAM P.O., PERUMBAVOOR - 683 541. BY ADV. SMT.R.RANJINI RESPONDENT(S): / STATE & COMPLAINANT -------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. B.BEENA, W/O.G.PADMAKUMAR, VELLIYAMKUNNEL HOUSE, MANAKKADU KARA, MANAKKADU VILLAGE, THODUPUZHA TALUK - 685 584. BY PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2509 of 2010 -------------------------------------- Dated this the 9th day of July, 2010 ORDER M.C No.34/2009 on the file of the Chief Judicial Magistrate Court, Thodupuzha is a proceeding initiated by the 2nd respondent herein (wife of the petitioner) under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The grievance of the petitioner is that the 2nd respondent has already given evidence before the Magistrate and has gone abroad with the children whereas the petitioner who has been staying back in the hope of giving evidence was unable to give evidence and by virtue of the compulsion of his employment, he is forced to return to U.S.A. 2. The petitioner is permitted the go abroad to resume his employment. Orders in M.C.No.34/2009 shall hereafter be passed only after giving both sides an opportunity of being heard. This Criminal M.C is accordingly closed. V.RAMKUMAR, JUDGE dmb