IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Crl.MC.No. 1032 of 2008() ------------------------- CRA.1038/2007 of SESSIONS COURT, TRIVANDRUM .................... PETITIONER: 2ND RESPONDENT/AGGRIEVED PERSON: -------------------------------------------- REJINA, W/O. ALBY, T.C.71/1704, N.G. VILLA, WATER ROAD, VALIYATHURA, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENTS: APPELLANT & STATE/RESPONDENT: ------------------------------------------ 1. AROGYAM ALBY, S/O. AROGYAM, THOPPINAKATHU, OPP. AYYAPPAN KAVIL FROM TC.71/1704 N.G. VILLA, WATTS ROAD, VALIYATHURA, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 7-3-2008 , THE COURT ON 07/03/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. M.C. No. 1032 of 2008 * * * * * * * * * * * * * * * * * * Dated: 7-3-2008 ORDER Petitioner who is the wife of the first respondent herein filed Annexure I petition under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005. As the first respondent was allegedly taking hasty steps to alienate 50 cents of property and also to withdraw the sum of Rs. 13,75,000/- from the fixed deposit at Valiyathura branch of State bank of India, the petitioner filed C.M.P. Nos. 2000 of 2007 and 2435 of 2007 before the J.f.C.M. II, Thiruvananthapuram where Annexure I petition was pending. 2. As per Annexures 3 and 4 interim orders dated 12-7-2007 and 22-8-2007 respectively, the learned Magistrate allowed the said prayers which were made the subject matter of Annexure V final order dated 22-10-2007. The firt respondent filed an appeal against the proceedings before the Sessions court, Thiruvananthapuram. As per Annexure VII judgment dated 28-2- 2008 the Sessions Court set aside Annexure V final order and has remanded the case back to the Magistrate for disposal afresh after hearing the first respondent herein as well. The grievance of the petitioner is that no attempt has been made by the lower appellate court to restore Annexures III and IV Crl. M.C. No. 1032 of 2008 -:2:- interim orders and therefore, if during the pendency of the matter before the learned Magistrate, if the first respondent alienates the property or withdraws the amount from the bank, the petitioner will be left without any remedy. 3. The proper course for the petitioner in such circumstances would be to pray for a revival of Annexures III and IV orders and not to rush to this Court. However, since the petitioner had obtained those interim orders which were in force till the passing of Annexure V final order, I am of the view that until the petitioner moves the trial court for appropriate interim orders, Annexures III and IV interim orders passed in C.M.P. Nos. 2000 of 2007 and 2435 of 2007 shall stand revived. This direction will be in force only for a period of two weeks within which period the petitioner shall move the Magistrate for appropriate orders. It is on account of this direction which will be short lived that notice to the respondents in this Crl.M.C. is dispensed with. This Crl.M.C. is disposed of as above. V. RAMKUMAR, JUDGE ani/ Crl. M.C. No. 1032 of 2008 -:3:-