IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 OP(Crl.).No. 1497 of 2011(Q) ---------------------------- CRMP.2098/2011 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER(S): -------------------- GEENO JACOB, S/O.JACOB K.ABRAHAM, KONGALATHU HOUSE, THILLERY CHURCH ROAD, MUNDAKKAL MIDDLE, KOLLAM. BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENT(S): --------------- LATHIKA G. NAIR, PATTATHIL HOUSE, NEAR BHAVAN'S VIDYA MANDIR, KADAVANTHRA, COCHIN-20 THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(Crl.) No.1497 of 2011 ==================================== Dated this the 12th day of April, 2011 J U D G M E N T Notice to respondent in dispensed with in view of the order I propose to pass. 2. Petitioner is respondent in M.P. No.2098 of 2010 of the court of learned Chief Judicial Magistrate, Ernakulam, a proceeding initiated by the respondent herein under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, “the Act”). Along with C.M.P. No.2098 of 2010 respondent filed Ext.P2, application under Section 23(1) & (2) of the Act for an interim order to direct petitioner to pay `15000/- per month to the respondent and the child. Learned Chief Judicial Magistrate passed an ex parte interim order on 05.04.2010 directing petitioner to pay `10,000/-. Petitioner filed Ext.P4, objection on 07.06.2010 raising various defences which in effect stated his inability to pay such amount. According to the learned counsel the matter was heard on 13.07.2010 but no order was passed. Exhibit P2, application was then posted on 27.07.2010, again heard and posted on 28.02.2011 but no order was passed. Learned counsel O.P(Crl.) No.1497 of 2011 -: 2 :- submitted that learned Chief Judicial Magistrate has committed an illegality in passing Ext.P7, order purporting to be under Section 20(6) of the Act on C.M.P. No.2098 of 2010 following the interim order referred above. Prayer in this petition is to direct the learned Chief Judicial Magistrate to dispose of Ext.P2, application as early as possible. I have been taken through the copy of proceedings paper of learned Chief Judicial Magistrate in support of the contention that in spite of Ext.P2, application being heard on several times, no order has been passed. Learned counsel has also placed reliance on the decision in Dr.Precelinbe George v. State of Kerala (2010 [1] KLT 454). 3. Having regard to the circumstances stated what is required is only to direct the learned Chief Judicial Magistrate to dispose of Ext.P2, application expeditiously. Original Petition is disposed of directing the learned Chief Judicial Magistrate, Ernakulam to dispose of Ext.P2 application (C.M.P. No.2098 of 2010) as early as possible (if it is not by now disposed of) without any further delay. THOMAS P. JOSEPH, JUDGE. vsv