IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Crl.Rev.Pet.No. 3654 of 2009() ------------------------------ CRA.446/2009 of THE ADDL. DISTRICT & SESSIONS JUDGE (ADHOC-III), NORTH PARAVUR (CRMP 1372/2009 IN MC.55/2009 ) of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... REVN. PETITIONER(S): APPELLANT ------------------------------ JOY @ VARGHESE, S/O.K.V. ITTOOP, AGED 42 YEARS, KALLARACKAL HOUSE, KIDANGOOR.P.O, THURVAOOR VILLAGE. BY ADV. SRI.ANOOP ELIAS SRI.GEORGE SEBASTIAN RESPONDENT(S): RESPONDENTS -------------------------- 1. MILI, AGED 30 YEARS, W/O. VARGHESE @ JOY, KALLARCKAL HOUSE, THURAVOOR VILLAGE, NOW RESIDING AT C/O. ANTONY, KIZHAKKEDATH HOUSE, JOSEPURAM, ANKAMALY.P.O. 2. JEVIN (MINOR), AGED 3 YEARS, S/O. VARGHESE @ JOY, KALLARCKAL HOUSE, THURAVOOR VILLAGE, REPRESENTED BY HIS NEXT FRIEND AND MOTHER MILI, C/O. ANTONY, KIZHAKKEDATH HOUSE, JOSEPURAM, ANKAMALY.P.O. 3. K.V. ITTOOP, AGED 72 YEARS, KALLARACKAL HOUSE, KIDANGOOR.P.O, THURAVOOR VILLAGE. 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.C.A.CHACKO FOR R1 & R2 PUBLIC PROSECUTOR SRI.C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 3654 of 2009 * * * * * * * * * * * * * * * * * * Dated, this the 4th day of March, 2010 ORDER Heard both sides. 2. The revision petitioner who was the first respondent Crl.M.P. No. 1372 of 2009 in M.C. No. 55 of 2009 on the file of the J.F.C.M. II, Aluva, challenges the interim order dated 18-7-2009 passed in the said application awarding maintenance to the wife and minor son of the petitioner at the rate of Rs. 2,000/- and Rs. 1,500/- per month from the date of order. The main application i.e. M.C. No. 55 of 2009 is filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Eventhough the revision petitioner filed an appeal before the Sessions Court, North Paravur, challenging the said order as Crl. Appeal No. 446 of 2009, the said appeal was dismissed with a direction to the Magistrate to dispose of M.C. 55 of 2009 within three months of receipt of the case records. 3. Pursuant to the direction issued by this Court, the petitioner has deposited Rs. 12,500/- before the trial court Crl.R.P. No. 3654 of 2009 -:2:- and the first respondent has been permitted to withdraw the said amount, I am not going to enter the merits of the case. Suffice it to say that the proceedings before the Magistrate being under the Protection of Women from Domestic Violence Act, 2005 cannot pend endlessly. The learned Magistrate shall dispose of M.C. 55 of 2009 within three months of receipt of a copy of this order . Until and subject to the disposal of M.C. 55 of 2009 the petitioner shall deposit before the Magistrate towards interim maintenance of Rs. 2,500/- per month. This Revision is disposed of as above. Sd/- V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Judge ani.