IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 28016 of 2009(Q) -------------------------- OP.144/2007 of FAMILY COURT,TRIVANDRUM .................... PETITIONER(S): --------------- SURESH KUMAR, AGED 43 YEARS, S/O.VAMADEVAN, MANJAMPARA VEEDU, PATHIRAPPALLY, KUDAPPANAKKUNNU. BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S): --------------- THARA, D/O.VIJAYAKUMAR, KAROTTUVEEDU, KOTTAMUGHAL, PULIYAPPALLYKKARA, MANNANTHALA, ULLOOR VILLAGE, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO. 28016 OF 2009 ------------------------------------------ Dated 6th October 2009 JUDGMENT Under Ext.P3 order Judicial First Class Magistrate-II, Thiruvananthapuram in M.C.23/2007 granted a protection order under Section 18 of Protection of Women from Domestic Violence Act and residence order under Section 19 and monetary relief under Section 20 of the Act, in a petition filed under Section 12 of the Act. Petitioner challenged that order in Crl.A.236/2009. He also filed Crl.M.A.814/2009 for stay of Ext.P3 order. Learned Sessions Judge under Ext.P4 order stayed Ext.P3 order except the direction to pay maintenance. This petition is filed under Article 226 of Constitution of India to quash Ext.P3 order and also to direct the Sessions court to order stay of all proceedings in Ext.P3, in addition to order passed under Ext.P4. 2. Learned counsel appearing for petitioner was heard. 3. When the question whether Ext.P3 order WPC 28016/09 2 is to be set aside or not, is to be decided in Crl.A.236/2009 filed by the petitioner and pending before the Sessions court, Thiruvananthapuram, petitioner is not entitled to challenge that order under Article 226 of Constitution of India. The validity of the order is to be decided by the Sessions Judge in the pending criminal appeal. Therefore, first relief sought for is not sustainable. 4. Second prayer is to direct the Sessions court to grant order of stay, including that portion of Ext.P3 order which was not stayed under Ext.P4. Learned Sessions Judge granted an order of stay except to the portion with regard to the maintenance. I find no reason to direct the Sessions Judge to grant an order of stay of payment of maintenance as sought for. Petitioner can seek early disposal of appeal. He is at liberty to approach the learned Sessions Judge to dispose the appeal expeditiously. If such a petition is filed, Sessions Judge to dispose the appeal expeditiously. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.