IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 Crl.Rev.Pet.No. 102 of 2010() ----------------------------- AGAINST THE ORDER DATED 10/11/2009 IN CRMP 2729/2009 IN CRA.670/2009 of ADDL. SESSIONS COURT-II, TRIVANDRUM CMP 2341/2009 IN MC.172/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... REVN. PETITIONER/APPELLANT/RESPONDENT NO.1:- ----------------------------------------------------------- RAJAN (SHEREEF), S/O.ABDUL AZEEZ, KP IX/359(B), DARSAN NAGAR, 673, PEROORKADA P.O., THIRUVANANTHAPURAM. BY ADV. MR. P.V.KUNHIKRISHNAN RESPONDENTS/ RESPONDENTS/ PETITIONERS & STATE:- ----------------------------------------------------------------- 1. FATHIMA (SHABANA), D/O.ABOOBAKER, T.C.39/2090(2), I.H.H.H.MANZIL, THUNDUVILAKATHU COMPOUND, ATTAKULANGARA, CHALAI P.O., THIRUVANANTHAPURAM. 2. DILSHAD, AGED 3 YEARS (MINOR), DO. DO. REPRESENTED BY R1 3. STATE OF KERALA, REP. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. P.R. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. R.P No.102 of 2010 ------------------------------------------------------------ Dated this the 12th day of January, 2010. ORDER The revision petitioner was the 1st respondent in M.C. No. 172 of 2009 filed by respondents 1 and 2 herein under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Along with the petition, they filed C.M.P. No. 2341 of 2009 under Section 23 of the Act seeking an interim order of maintenance. As per an ex parte order dated 08.09.2009, the learned Magistrate (Judicial First Class Magistrate-II, Thiruvananthapuram) passed an ad interim order directing the revision petitioner to pay Rs.2000/- as monthly maintenance including food, clothing and medical expenses to the first applicant and directing a sum of Rs.1,500/- to the 2nd applicant. Instead of approaching the Magistrate under Section 25(2) of the Act, the revision petitioner filed an appeal before the Sessions Court, Thiruvananthapuram under Section 29 of the Act. In that appeal, he filed C.M.P. No. 2607 of 2009 seeking an interim stay of the order impugned in the appeal. There was initially an interim stay granted on certain conditions. After the Crl.R.P. No. 102/2010 : 2 : respondents entered appearance, they filed C.M.P. No. 2729 of 2009 seeking to vacate the interim order. As per the common order dated 10.11.2009, the lower appellate court has dismissed the stay petition filed by the revision petitioner and has allowed the application filed by the respondents to vacate the stay. It is the said order which is assailed in this revision. 2. The appeal filed by the revision petitioner itself is against an ex parte order of maintenance and even if the appeal is eventually dismissed by the Sessions Court, the revision petitioner can very well approach the Magistrate under Section 25(2) of the Act for alteration, modification or revocation of the order on proof of the circumstances referred to therein. Hence, without prejudice to the right of the petitioner to move the Magistrate under Section 25(2) of the Act, this revision is dismissed in limine and the learned Magistrate shall dispose of the matter untramelled by the observations in the orders impugned. Dated this the 12th day of January, 2010. V. RAMKUMAR, JUDGE. Crl.R.P. No. 102/2010 : 3 : rv