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.
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Crl.M.C.No.2805 of 2010
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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
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