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Sanu Varghese vs Linimol Varghese

High Court Of Kerala|18 November, 2014
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JUDGMENT / ORDER

~ ~ ~ ~ ~ ~ The petitioner has come up under Section 482 Cr.P.C. challenging order dated 21.12.2013 passed by the Chief Judicial Magistrate's Court, Pathanamthitta in Crl.M.P. No.5262/2013 in M.C. No.166/2013. 2. The said order is passed under Section 23 of the Protection of Women from Domestic Violence Act, 2005, in a petition under Section 12 filed by the 1st respondent herein as petitioner. Vide the said order, the petitioner herein is directed to pay an amount of ₹15,000/- per month to the wife of the petitioner and the two minor children as interim maintenance per month. According to the 1st respondent herein, the petitioner herein is getting a monthly income of ₹75,000/-.
3. Heard the learned counsel for the petitioner. The Crl.M.C.5464/2014 : 2 :
present request of the petitioner is to quash Annexure-A1 order referred to above.
4. It seems that the petitioner could have availed two remedies by filing an appeal under Section 28 or by filing an application or objection within the meaning of Section 25(2) of the said Act. Without having recourse to any of those remedies, it seems that the petitioner has chosen to prefer the present petition under Section 482 Cr.P.C. By directing the petitioner to have recourse to any of the aforesaid remedies, I am of the view that this Crl.M.C. can be closed.
In the result, this Crl.M.C. is closed with the above observations.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/18/11 // True Copy // PA to Judge
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Title

Sanu Varghese vs Linimol Varghese

Court

High Court Of Kerala

JudgmentDate
18 November, 2014
Judges
  • B Kemal Pasha
Advocates
  • Sri Syam J
  • Sam