Remanded

Vijimol V.V v. State of Kerala

Kerala HC2 Dec 2022OP(Crl.)/498/2022

Case brief

AI extract

What is this about?

Petitioner challenged below court's procedure in a DV Act maintenance case. Court held that pending petitions to strike off defence for non-payment of arrears and to issue distress warrant must be disposed of before recording opposing evidence.

What did the court decide?

Court directed the Magistrate to dispose of petitions to strike off defence and issue distress warrant before recording evidence of the 2nd respondent.

Vijimol V.V Vs State of Kerala — Maintenance and Alimony | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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FRIDAY, THE 2^ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944

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OP(CRL.) NO. 498 OF 2022

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CRIME NO.46/2020 OF UDAYAMPEROOR POLICE STATION, ERNAKULAM MC 23/2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,

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TRIPUNITHURA

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PETITIONER/PETITIONER:

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VIJIMOL V.V, AGED 35 YEARS W/O. SANTHOSH, VELIYIL(H), UDAYAMPEROOR P.O., NOW RESIDING AT THOPPIL(H), UDAYAMPEROOR P.O., TRIPUNITHURA, ERNAKULAM DISTRICT., PIN - 682301

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BY ADVS. GAJENDRA SINGH RAJPUROHIT AKHIL GEORGE THANSEELA M.B.

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RESPONDENTS/STATE & 2ND RESPONDENT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

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2 V.P.SANTHOSH, AGED 47 YEARS S/O. PANKAJAKSHAN, VELIYIL(H), UDAYAMPEROOR P.O., TRIPUNITHURA, ERNAKULAM DISTRICT., PIN - 682301

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BY ADV ADV.K.V.SABU, SRI.P.G.MANU, SR.P.P.

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(CRL.) NO. 498 OF 2022

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J U D G M E N T

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The petitioner herein is the wife of the 2^nd respondent. She filed M.C.No.23 of 2020 before the Judicial First Class Magistrate Court, Tripunithura (for short 'the court below') under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the D.V. Act').

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The petitioner has also obtained an order of interim maintenance under Section 23 of the D.V. Act. She filed two petitions; one to strike off the defence on the ground of the non payment of arrears of maintenance and the other one is to issue distress warrant against the 2^nd respondent. The grievance of the petitioner is that the court below without considering those petitions proceeded with the evidence of the 2^nd respondent. It is in these circumstances, she has approached this Court.

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Heard both sides.

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Exhibit-6 order passed by the court below would show that on the side of the 2^nd respondent herein, DW2 was examined. But, DW2 was not cross examined by the petitioner on the ground

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OP(CRL.) NO. 498 OF 2022

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of the pendecy of the petition filed by her to strike off the defence. Definitely, the petition to strike off the defence has to be considered before recording the evidence on the side of the 2^nd respondent.

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Hence, the court below is directed to dispose of the two petitions filed by the petitioner, i.e., the petitions to strike off the defence and also to issue distress warrant against the 2^nd respondent before recording the evidence on the side of the 2^nd respondent.

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This original petition is disposed of as above.

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Sd/-

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DR.KAUSER EDAPPAGATH, JUDGE

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OP(CRL.) NO. 498 OF 2022

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APPENDIX OF OP(CRL.) 498/2022

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PETITIONER'S EXHIBITS:

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EXHIBIT1 A TRUE PHOTOSTAT COPY OF THE COMPLAINT IN M.C.NO.23/2020 EXHIBIT2 A TRUE COPY OF THE ORDER DATED 02.06.2022 IN APPEAL NO. 254/2020 HON'BLE ADDL. SESSIONS COURT-V OF ERNAKULAM EXHIBIT3 A TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO. 46/2020 OF UDAYAMPEROOR POLICE STATION EXHIBIT4 A TRUE PHOTOSTAT COPY OF THE PETITION IN CRL.M.P.NO.1017/2022 IN MC.NO.23/2020 EXHIBIT5 A TRUE PHOTOSTAT COPY OF THE PETITION IN CRL.M.P.NO.1016/2022 IN M.C.NO.23/2020. EXHIBIT6 A TRUE PHOTOSTAT COPY OF THE ORDER DATED 30.07.2022 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA

Vijimol V.V v. State of Kerala

Case brief

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Vijimol V.V v. State of Kerala

Case brief

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