The court emphasized the timely disposal of the case under the Domestic Violence Act, considering the nullity of the marriage.

ORDER

This Crl.Rev.Pet. is directed against the judgment in Crl.

Appeal No.92/2022, which upheld the order of the Magistrate in CMP No.3160/2019 in MC No.118/2019, on the file of Judicial First Class Magistrate, Mattannur.

2. The wife filed MC No.118/2019 under Section 23 (2)

of Protection of Women from Domestic Violence Act , 2005. As per order dated 19.10.2019 in CMP No.3160/2019, the husband was directed to pay interim maintenance at the rate of Rs.6,000/- per month until further orders. Challenging that order, the husband filed Crl.Appeal No.92/2022. The Appellate Court dismissed the appeal confirming the order impugned, against which the husband and his sisters have preferred this revision petition.

3. Learned counsel for the revision petitioners would submit that, the marriage between the 1st petitioner and the 2nd respondent was declared null and void by the Family Court, Thalassery as per judgment dated 08.03.2022 in OP No.67/2019. The learned Magistrate passed Annexure A4 interim order for maintenance on 19.10.2019 i.e. before their marriage was declared null and void by the Family Court. Learned counsel for the revision petitioners would submit that, judgment of the Family Court was produced by the petitioners before the Appellate Court, but ignoring the fact that their marriage was declared null and void from its very inception, due to the impotency of the wife, the Appellate Court dismissed the appeal upholding the interim order of maintenance passed by the learned Magistrate.

4. MC No.118/2019 is still pending before the Judicial First Class Magistrate Court, Mattannur. So a direction can be given to the Judicial First Class Magistrate Court, Mattannur, to dispose MC No.118/2019 in a time bound manner, after taking into account all the documents and evidence adduced from either side. Since the marriage between the 1st petitioner and the 2nd respondent was declared null and void by the Family Court, Thalassery on 08.03.2022, the learned Magistrate has to pass appropriate orders in the MC, taking into account that judgment also. Till such time, the order to pay interim maintenance at the rate of Rs.6,000/- shall stand suspended.

5. In the result, the Judicial Magistrate of First Class, Mattannur, is directed to dispose MC No.118/2019, on the file of that Court, within a period of three months from the date of receipt of a copy of this order, taking into account all the documents and evidence adduced from either side. Till such time the order in CMP No.3160/2019 shall stand suspended.

6. Registry to forward a copy of this order to the Judicial Magistrate of First Class, Mattannur, forthwith.

With these directions, the Revision Petition stands disposed of.

Sd/-

SOPHY THOMAS, JUDGE ACR APPENDIX OF CRL.REV.PET 217/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE JUDGMENT DATED

08.03.2022 IN O.P NO. 67 OF 2019 ON THE FILES OF THE COURT OF THE JUDGE FAMILY COURT, THALASSERY Annexure A2 THE TRUE COPY OF THE M. C. NO. 118 OF

2019 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANNUR UNDER PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT Annexure A3(a) THE TRUE COPY OF THE COUNTER STATEMENT DATED 06.01.2021 FILED BY THE 2ND AND

3RD REVISION PETITIONERS Annexure A3(b) THE TRUE COPY OF THE COUNTER STATEMENT DATED 09.01.2021 FILED BY THE 1ST REVISION PETITIONER Annexure A4 THE TRUE COPY OF THE EXPARTE ORDER DATED 19.10.2019 IN CMP NO. 3160 OF

2019 IN M.C NO. 118 OF 2019 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE, MATTANNUR Annexure A5 THE TRUE COPY OF THE APPEAL MEMORANDUM OF CRL.A NO. 92 OF 2022