IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3230 of 2010()
1. JACOB OOMMEN, S/O.A.O.OOMMEN,
... Petitioner
Vs
1. LATHA JACOB, LOURDHPURAM HOUSE,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.RINNY STEPHEN CHAMAPARAMPIL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :18/08/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No.3230 of 2010
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Dated this the 18th day of August, 2010
ORDER
The petitioner who is the husband of the first respondent
and counter petitioner in M.C.No.53 of 2008 filed by the first
respondent under Section 12 of the Protection of Women from
Domestic Violence Act, 2005 seeks a direction to the
Additional Sessions Judge-I, Mavelikkara to pass orders on
Crl.M.P.No.388/2009 (delay petition) in Crl.Appeal No.174 of
2009 and on Annexure-A3 stay petition. In the said appeal, he
has challenged the order passed by the Magistrate granting
residence order as well as maintenance. The main reason for
not disposing Crl.M.P.No.388 of 2009 was due to the non-
appearance of the first respondent herein in the appeal filed
by the petitioner. Going by the report dated 12/8/2010 from
the Additional Sessions Judge-I, Mavelikkara the first
respondent herein has now entered appearance on 11/8/2010
and the case stands posted to 16/8/2010. The learned counsel
appearing for the petitioner submits that on 16/8/2010 the
Sessions Judge was pleased to condone delay and Annexure-
A3 stay petition stands posted to 20/8/2010. I see no reason to
Crl.M.C.No.3230/2010
: 2 :
assume that the Sessions Judge will not take up for
consideration the stay petition and pass appropriate orders on
the stay petition.
This Criminal M.C. is disposed of directing the Sessions
Judge to take up for consideration and dispose of the stay
petition after giving both sides an opportunity of being heard.
V.RAMKUMAR, JUDGE
skj