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2025 Supreme(Online)(KER) 8860

HIGH COURT OF KERALA
C. JAYACHANDRAN, J
HALEEMA.N – Appellant
Versus
SYED ALI BASHEER – Respondent
OP(Crl.) 172/2025



Advocates:
For the Appellants/Petitioners: A. MOHAMMED SAVAD, R. SHABANA
For the Respondents: SRI. SANAL P. RAJ (PP)

The court directed the Sessions Judge to expedite the release of maintenance funds in compliance with the domestic violence law.

Headnote:The petitioner sought maintenance under the Protection of Women from Domestic Violence Act, 2005, with interim maintenance awarded. The respondent appealed, leading to a delay in releasing funds to the petitioner. The court found that the Sessions Judge must address the request for fund release promptly. The court directed timely consideration of the petitioner's application; the OP (Crl.) is disposed.

O R D E R

The petitioner herein is the wife, who sought for maintenance under the provisions of the Protection of Women from Domestic Violance Act, 2005. M.C. No. 7/2022 is pending before the Judicial First Class Magistrate’s Court-II, Kollam. Interim maintenance was awarded against which an appeal was preferred by the respondent/husband before the Sessions Court concerned. The appeal was admitted, subject to the condition that the petitioner deposits 50% of the maintenance amount due. Accordingly, a deposit was also made. Now, the grievance of the petitioner is that the said amount deposited is not being released to the petitioner/wife. An application in this regard preferred before the Magistrate Court was not considered, for the reason that the Sessions Court has not directed release of the amount to the petitioner, but only directed deposit of the same. Though the petitioner moved the Sessions Court vide Ext.P7 seeking release of the amount, no orders have been passed by the learned Sessions Judge.

In the aforesaid facts and circumstances, there will be a direction to the learned Sessions Judge to consider and pass orders in Ext.P7, as expeditiously possible, since it pertains to the matter of maintenance, at any rate within a period of two weeks from the date of receipt of a copy of this judgment.

Accordingly, this OP (Crl.) is disposed.

Sd/-

C. JAYACHANDRAN, JUDGE.

Raj.

APPENDIX OF OP(CRL.) 172/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED

11/01/2022 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE -II, KOLLAM IN C.M.P. 85/2022 IN MC NO.07/2022 Exhibit P2 A TRUE COPY OF THE COMPLAINT DATED

21/02/2022 FILED BEFORE THE KOLLAM CITY POLICE COMMISSIONER Exhibit P3 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM THE DR. SHEYA HOSPITAL MAYYANAD KOLLAM DATED 20/02/2022 Exhibit P4 A TRUE COPY OF THE CMP NO. 5249/2024 IN M.C.7/2022 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE -II, KOLLAM DATED 31/07/2024 Exhibit P5 A TRUE COPY OF THE DELAY PETITION CRL.M.P.NO. 1843/24 DATED 14/10/2024 IN CRIMINAL APPEAL NO.156/2024 ON THE FILE OF THE PRINCIPAL SESSIONS COURT, KOLLAM Exhibit P6 A TRUE COPY OF THE ORDER DATED

16/10/2024 PASSED BY THE HON’BLE PRINCIPAL SESSIONS COURT, KOLLAM IN CRL.M.P.NO. 1843/24 IN CRL .APPEAL NO.

156/2024 Exhibit P7 A TRUE COPY OF THE AFFIDAVIT PETITION IN CRL.MP.NO.316/2025 IN CRL.A,NO. 156 OF 2024 BEFORE THE PRINCIPAL SESSIONS COURT, KOLLAM

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