High Court Kerala High Court

Ganesan vs Praseeja on 21 July, 2010

Kerala High Court
Ganesan vs Praseeja on 21 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2805 of 2010()


1. GANESAN, S/O.SREEDHARAN, AGED 39 YEARS,
                      ...  Petitioner

                        Vs



1. PRASEEJA D/O.SAMIKUTTY, AGED 34 YEARS,
                       ...       Respondent

2. STATE OF KERALA, REP.BY THE PUBLIC

                For Petitioner  :SRI.P.V.JYOTHI PRASAD

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :21/07/2010

 O R D E R
                      V.RAMKUMAR, J.
                  ---------------------------------
                 Crl.M.C.No.2805 of 2010
                 ----------------------------------
            Dated this the 21st day of July, 2010

                             ORDER

Petitioner who is the respondent in M.C.No.125/2009 on

the file of the Judicial Magistrate of the First Class,

Kunnamangalam which is an application filed by the first

respondent herein under Section 12 of the Protection of

Women from Domestic Violence Act, 2005 challenges

Annexure A7 final order dated 14/5/2010 passed in

C.M.P.No.2691/2010 filed under Section 23 of the said Act

confirming the ex parte order for interim maintenance as well

as restraining the petitioner herein from alienating the

property. Annexure A7 order is an order appealable under

Section 29 of the said Act. The petitioner cannot assail the

said order in a petition filed under Section 482 of Code of the

Criminal Procedure. He has to exhaust the statutory remedy

available to him. Accordingly if the petitioner files an appeal

before the Sessions Court, Kozhikode against Annexure A7

order within two weeks from today the said appeal shall be

entertained by the Sessions Court without insisting on the

question of limitation and appropriate orders shall be passed

Crl.M.C.No.2805/2010
: 2 :

in accordance with law after giving both sides an opportunity

of being heard. The petitioner can highlight before the

Sessions Court the medical ground on which he is seeking sale

of a portion of the property.

V.RAMKUMAR, JUDGE

skj