2025:KER:31271 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 OP(CRL.) NO. 251 OF 2025 MC NO.43 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS I, PERUMBAVOOR PETITIONERS/2ND AND 3RD RESPONDENTS IN M.C.: 1 HARIKUMAR AGED 71 YEARS S/O. PADMANABHA PILLAI, SOUTH AKAMBILLY HOUSE, PERUMBAVOOR P.O., ERNAKULAM DISTRICT, PIN - 683542 2 M.T.CHANDRIKA AGED 68 YEARS W/O. HARIKUMAR, SOUTH AKAMBILLY HOUSE, PERUMBAVOOR P.O., ERNAKULAM DISTRICT, PIN - 683542 BY ADVS. T.B.HOOD M.ISHA RESPONDENTS/PETITIONERS & 1ST RESPONDENT IN MC: 1 ATHULYA SIVAN AGED 27 YEARS W/O. ANAND HARIKUMAR AND D/O. K.SIVASANKARAN NAIR, NOW RESIDING AT KAILAS BHAVAN, IRINGOLE P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683545 2 UTHRA @ SIVADA ANAND, AGED 2 YEARS D/O. ANAND HARIKUMAR AND ATHULYA SIVAN, MINOR REPRESENTED BY HER MOTHER ATHULYA SIVAN, NOW RESIDING AT KAILAS BHAVAN, IRINGOLE P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683545 O.P.(Crl.) No.251 of 2025 2025:KER:31271 - 2 - 3 ANAND HARIKUMAR, AGED 33 YEARS S/O. HARIKUMAR, SOUTH AKAMBILLY HOUSE, PERUMBAVOOR P.O., ERNAKULAM DISTRICT, PIN - 683542 THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(Crl.) No.251 of 2025 2025:KER:31271 - 3 - C. JAYACHANDRAN, J. ------------------------------------ O.P.(Crl.) No.251 of 2025 ------------------------------------ Dated, this the 10th day of April, 2025 JUDGMENT The petitioners are respondents no.2 and 3 in M.C. no.43/2022 pending before the Judicial First Class Magistrate Court-I, Perumbavoor. The petitioners seek expeditious disposal of the said M.C. 2. Heard the learned Counsel for the petitioners. 3. It was pointed out that as early as on 13.10.2023, the matter has been posted for evidence, as could be seen from Ext.P5 copy of the proceedings, on which date, the respondents herein sought for time to adduce evidence. Thereafter, on 30.10.2023, again the respondents sought for time and the case was adjourned for evidence. Certain interlocutory applications were filed thereafter and the O.P.(Crl.) No.251 of 2025 2025:KER:31271 - 4 - intermittent postings were in respect of adjudication of those applications. Thereafter, on 18.01.2025 also, the respondents sought time for evidence. Ultimately, on 22.02.2025, the respondents were absent and there was no representation. Learned Counsel would point out that the petitioners are senior citizens aged 71 and 68 years respectively. According to the learned Counsel, the matter deserves expeditious disposal. 4. Although, this Court notice that the matter which is sought to be expedited is of the year 2022, this Court also takes into account the fact that the proceedings in question is an M.C. under the Protection Of Women From Domestic Violence Act, 2005. The High Court, by its O.M., has recognised priority to senior citizens in the matter of speedy disposal. 5. In the circumstances, there will be a direction to the learned Magistrate to try and pass orders in M.C. no.43/2022, as expeditiously as possible, taking into O.P.(Crl.) No.251 of 2025 2025:KER:31271 - 5 - account the fact that the petitioners are senior citizens. The Original Petition (Criminal) is disposed of as above. Sd/- C. JAYACHANDRAN SKP/10-04 JUDGE O.P.(Crl.) No.251 of 2025 2025:KER:31271 - 6 - APPENDIX OF OP(CRL.) 251/2025 PETITIONER’S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 22.11.2022 FILED BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS – 1, PERUMBAVOOR BY THE 1ST RESPONDENT HEREIN ON 24.11.2022 AS M.C.NO.43/2022 UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 EXHIBIT P2 TRUE COPY OF AFFIDAVIT DATED 24.11.2022 FILED BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS – 1, PERUMBAVOOR BY THE 1ST RESPONDENT HEREIN ALONG WITH EXT.P1 APPLICATION EXHIBIT P3 TRUE COPY OF COUNTER AFFIDAVIT DATED 11.01.2023 FILED BY THE RESPONDENTS IN CMP NO.4470/2022 IN M.C.NO.43/2022 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 14.10.2024 IN CMP NO.3194/2024 IN M.C.NO.43/2022 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS – 1, PERUMBAVOOR EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS IN M.C.NO.43/2022 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS – 1, PERUMBAVOOR FROM 15.09.2023 TILL 24.02.2025 RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A. TO JUDGE