The court established the principle that crucial evidence must be assessed prior to the trial in domestic violence cases.

JUDGMENT

The petitioner herein is the respondent in M.C.No.84/16 of the Judicial First Class Magistrate Court IX, Kunnampuram, Ernakulam, initiated by the first respondent herein invoking provisions under Section 12 of the Protection of women from Domestic Violence Act, 2005, inter alia, the first respondent did not return gold ornaments weighing 113.35 sovereigns of gold along with the marriage expenses. The respondent after his appearance, filed an objection stating that all the gold ornaments narrated in the complaint were kept in the locker registered in the first respondent, with the operational right to her. It was contended that, the gold ornaments referred to in the petition were in the custody of the first respondent.

2. The petitioner seems to have filed Ext.P1 application on dated 5.11.2016 requesting the court to direct the Bank Manager, Federal Bank, Palluruthy to furnish the SB account details and the locker facility details along with the records maintained in the bank. The grievance of the petitioner herein now is that in spite of long pendency of the matter and the earnest efforts from the part of the petitioner herein to get Ext.P1 heard, the court is proceeding with the trial of the case. The grievance of the petitioner herein is that if the court proceeds with the trial without considering the present application, it may prejudicially affect the case set up by the petitioner herein. The petitioner hence sought for a direction to the learned Magistrate to hear and dispose of Ext.P1 within a time frame and not to commence the trial without passing orders on that application. Having regard to the nature of relief sought and the limited relief that is proposed to be granted, I am not inclined to issue notice to the first respondent.

3. The specific contention of the petitioner herein is that the gold ornaments are kept in the locker operated by the first respondent alone. If there are materials to show that the gold ornaments were earlier kept in that locker, definitely, the request of the petitioner herein that he need the operational details assumes significance. Hence, I feel that gathering of collection materials relating to that operation herein is a vital piece of evidence which may help the petitioner to advance his contention. It all presupposes on the question whether the gold ornaments were in fact kept to the locker at any anterior time. Without going to that aspect, I feel that the court below will not be justified in closing the evidence without passing an order on the above application.

4. Having considered this, I am inclined to direct the learned Magistrate to take up and consider Ext.P1 application as expeditiously as possible, at any rate before commencement of the evidence on the respondent herein. Alternatively, if any request is made for summoning the bank manager for the purpose of producing the details relating to the operation of the bank account that can also be considered.

O.P is disposed of accordingly.