Suresh Babu vs Sajina.M.T

Being aggrieved by the Ext.P1 interim order dated 13-12-2018 rendered by the Judicial First Class Magistrate Court, Koyilandy in M.C.No.43/2017 (which is an application filed under the DV Act), the petitioner has preferred Criminal Appeal No.53/2019 before the Sessions Court, Kozhikode and has sought for stay for the operation of the impugned Ext.P1 interim order granted by the learned Magistrate. It appears that the learned Sessions Court has passed impugned Ext.P2 interim order dated 20-03-2019 on CMP.No.422/2019 in the said Criminal Appeal No.53/2019 directing that the petitioner should pay maintenance at the rate of Rs.4,000/- per month to the wife (instead of the amount Rs.5,000/- per month granted by the learned Magistrate in Ext.P1 interim order) as well as maintenance at the rate of Rs.2,500/-per month to the two children. The petitioner is essentially challenging the interim order granted by the Criminal Appellate Court in the above matter. Petitioner/husband would point out that he had purchased an immovable property in the name of the respondent/wife and that later she has as per Ext.P4 agreement for sale and Ext.P5 sale deed has already sold the said property for an amount of Rs.53,00,000/- and that she has made so much of money only on the basis of the property purchased in her name by the petitioner and that those crucial aspects based on Ext.P4 & P5 have not been considered in the proper prospective either by the learned Magistrate or by the Appellate Sessions Court concerned.

After hearing the learned counsel for the petitioner and after perusal of the pleadings which is on record, this court of the view that the interest of justice would be advanced by directing that the Appellate Sessions Court should finally dispose of the main matter in Criminal appeal No.53/2019 without much delay preferably within in a period of two to three months from the date of production of certified copy of this judgment. Further the petitioner will be at liberty to raise all other contentions including the one based on Ext.P4 & P5 before the learned Sessions Court Concerned which the said Court will duly consider while disposing of the Criminal Appeal. Accordingly it is ordered that the Sessions Court, Kozhikode will take all possible measures to ensure that the main matter in criminal Appeal No.53 of 2019 is finally disposed of without much delay preferably within a period of two to three months from the date of production of certified copy of this judgment and after affording reasonable opportunity of being heard to both sides.

With these observations and directions the above O.P(Crl.) will stand disposed of.

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE ORDER IN CMP NO.2872/2017 IN MC NO.43/2017 DATED 13.12.2019 ON THE FILE OF THE HONOURABLE JUDICIAL IST CLASS MAGISTRATE COURT KOYILANDY.

EXHIBIT P2 THE TRUE COPY OF THE ORDER IN CMP NO.422/2019 IN CRL.APPEAL NO.53/2019 OF THE FILE OF THE COURT OF SESSIONS COURT DATED 20.3.2019.

EXHIBIT P3 THE TRUE COPY OF THE ORDER IN CMP NO.634/2019 IN CMP NO.422/2019 IN CRL.APPEAL 53/2019 DATED 25.4.2019.

EXHIBIT P4 THE TRUE COPY OF THE AGREEMENT DATED 18.10.2016.

EXHIBIT P5 THE TRUE COPY OF THE SALE AGREEMENT NUMBER 596/17 ISSUED FROM THE OFFICE OF THE SUB REGISTRAR KOYILANDY.