IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 OP(CRL.).NO. 779 OF 2011(Q) ------------------------------------------ CRA.234/2010 OF ADDL.DISTRICT COURT,KOTTAYAM CMP.2541/2010 OF J.M.F.C.-II, KANJIRAPPALLY .................... PETITIONER: --------------------- SASEENDRAN.K.K, S/O. KRISHNAN, AGED 44, ANAKKALLIL HOUSE, ERATHUVADAKARA, VELLAVOOR, KOTTAYAM. BY ADV. SRI.C.S.MANILAL SRI.K.VIDYASAGAR SRI.S.NIDHEESH RESPONDENT(S): --------------------------- P.N. VIJAYAKUMARI, D/O. NARAYANAN, PUNNAMATTOM, NOW RESIDING AT KOCHI THARAYIL HOUSE, KADAYINIKADU, VELLAVOOR, KOTTAYAM. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(Crl) No.779 of 2011 ==================================== Dated this the 24th day of February, 2011 J U D G M E N T Respondent No.1 in C.M.P. No.2541 of 2010 in C.M.P. No.2540 of 2010 of the court of learned Judicial First Class Magistrate, Kanjirappally is the petitioner before me. C.M.P. No.2540 of 2010 is filed under the provisions of Protection of Women from Domestic Violence Act. Learned Magistrate on 28.04.2010 passed an order on C.M.P. No.2541 of 2010 directing petitioner not to commit any act of domestic violence against respondent and to pay maintenance at the rate of Rs.750/- to the respondent and Rs.500/- each to the children until further orders. Petitioner challenged that order in Crl. Appeal No.234 of 2010 in the court of learned Additional Sessions Judge, Kottayam but failed. Hence this petition. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. In the nature of allegations made against respondent in C.M.P. No.2541 of 2010 and having regard to the power of learned Magistrate to pass interim orders and since the appellate court has confirmed that order, I do not find reason to interfere with the order under challenge under Section 482 of the Code of Criminal O.P(CRL) No.779 of 2011 -: 2 :- Procedure. 3. Learned counsel requested that petitioner being a heart patient undergoing regular treatment some time may be granted to pay the arrears and that coercive steps may be kept in abeyance for the said period. It is also submitted that in the light of the decision in Krishna Murthy and Another v. B.S. Nagaraj and Another (2011 (1) KHC 537 (SC) parties should have been sent for a mediation. So far as the suggestion regarding mediation is concerned, it is open to the petitioner to raise that issue before the learned Magistrate if it is provided under law. Having regard to the situation in which the petitioner is placed as seen from the documents produced before me I am inclined to give some time to the petitioner to pay the arrears. Resultantly this Original Petition is disposed of in the following lines: (i) Petitioner shall deposit 50% of the arrears of maintenance due as on 28.02.2011 in the trial court for payment to the respondent within one month from this day. (ii) Remaining 50% of the arrears of maintenance due till 28.02.2011 shall be deposited O.P(CRL) No.779 of 2011 -: 3 :- in the said court for payment to the respondent within 15 days from the expiry of the period of one month from this day. (ii) Coercive steps if any taken against petitioner for realisation of arrears due till 28.02.2011 will stand in abeyance till such period. (iv) If any of the conditions for deposit of the amount is violated it will be open to the learned Magistrate to proceed against petitioner as provided under law for realisation of the arrears of maintenance due till 28.02.2011. (v) The amount of maintenance payable after 28.02.2011 shall be paid as per the order of learned Magistrate. THOMAS P. JOSEPH, JUDGE. vsv