Fr. John Puthen Veetil vs Susannamma John on 9 March, 2016

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Kerala High Court

Fr. John Puthen Veetil vs Susannamma John on 9 March, 2016

Bench: Sunil Thomas

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT:

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

      TUESDAY, THE 23RD DAY OF AUGUST 2016/1ST BHADRA, 1938

                  OP(Crl.).No. 309 of 2016 (Q)
                  -----------------------------


PETITIONER(S):
-------------

           FR. JOHN PUTHEN VEETIL
            S/O.OONNONNY, AGED 67 YEARS,
            PUTHENVEETTIL, THEKKUMPURAM MURI,
            PUTHOOR VILLAGE, KOTTARAKKARA TALUK,
            KOLLAM DIST.

           BY ADVS.SRI.R.MOHANA BABU
                   SRI.M.AJITH (KARICODE)
                   SRI.N.P.PRADEEP

RESPONDENT(S):
--------------

            SUSANNAMMA JOHN
           D/O. SALOMI, AGED 60 YEARS,
           PUTHEN VEETTIL, THEKKUMPURAM MURI,
           PUTHOOR VILLAGE, KOTTARAKKARA TALUK,
           KOLLAM DIST.


THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON   23-08-2016, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(Crl.).No. 309 of 2016 (Q)




                            APPENDIX

PETITIONER(S)' EXHIBITS
-----------------------
EXHIBIT P1             TRUE COPY OF THE APPLICATION UNDER SECTION
12 OF THE PROTECTION OF WOMEN FROM THE DOMESTIC VIOLENCE ACT,
2005 FILED BY RESPONDENT BEFORE THE JFCM=II, KOTTARAKKARA.

EXHIBIT P2             TRUE COPY OF THE ORDER DATED 09.03.2016.OF
THE JFCM-II, KOTTARAKKARA.

EXHIBIT P3               TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER IN CMP. 727/2015. BEFORE THE JFCM-II, KOTTARAKKARA.

EXHIBIT P4             TRUE COPY OF THE PETITION IN O.P. 303/2014
OF THE FAMILY COURT, KOTTARAKKARA.

EXHIBIT P5             TRUE COPY OF THE PETITION IN O.P. 303/2014
OF THE FAMILY COURT, KOTTARAKKARA.

EXHIBIT P6               TRUE COPY OF THE O.P. DATED 16.02.2009.
BEFORE THE FAMILY COURT, KOTTARAKKARA.

EXHIBIT P7             TRUE COPY OF THE PERMISSION GRANTED BY THE
METHRAPLITHA OF MALANKARA ORTHODOX SURIYANI SABHA, KOLLAM DATED
31.3.2016.

EXHIBIT P8                   TRUE COPY OF THE PETITION CRL.MP.
1397/2016 BEFORE THE JFCM-II, KOTTARAKKARA IN CMP. 727/2015 FILED
BY THE PETITIONER.



RESPONDENT(S)' EXHIBITS:NIL



                                                     True Copy /


                                                     P A to Judge



                         SUNIL THOMAS, J.
                      =================
                     O.P(Crl).No.309 of 2016
                      =================
              Dated this the 23rd day of August, 2016

                             JUDGMENT

Petitioner has approached this Court seeking a direction to the court below to dispose of Ext.P8 application filed by him challenging the sustainability of the petition filed by the wife invoking section 12 of the Protection of Women from Domestic Violence Act, 2005.

2. I have called for a report from the learned magistrate regarding the stage of the above case. Learned magistrate has reported that C.M.P.No.727 of 2015 was advanced and it is posted for objection. Having regard to the fact that the case is of the year 2015 and the further fact that Ext.P8 application does not refer to any specific legal ground on which the sustainability of the case itself is based, I feel that rather than directing the court below for piecemeal consideration of the matter, entire case to be taken up and disposed of at the earliest.

In the result, original petition is disposed of with a direction to the court below to take up the entire case and dispose of the matter as expeditiously as possible.

Sd/-

                                         SUNIL THOMAS
                                                Judge
Sbna/23/8/16
                  True Copy /            P A to Judge

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