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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 10 TH DAY OF JANUARY 2024 / 20TH POUSHA, 1945 OP(CRL.) NO. 16 OF 2024 AGAINST THE ORDER/JUDGMENT MC 16/2021 OF GRAMA NYAYALAYA, PARAVUR, CHENDAMANGALAM (ERNAKULAM).
PETITIONER/1ST RESPONDENT IN MC:
VIPIN.M.B. AGED 36 YEARS S/O BALAN MANAPUZHA, THEKKUMTHALA, WEST KADUNGALOOR, ALANGAD VILLAGE, NORTH PARUR TALUK, ERNAKULAM, PIN - 683110 BY ADVS. D.AJITHKUMAR NAINA RAJI NAIR RESPONDENTS/PETITIONER IN MC AND RESPONDENTS 2 & 3 IN MC:
1 MEENA LENCY AGED 30 YEARS D/O PRAKASAN, PALLATH HOUSE, PATTANAM, VADAKKEKKARA KARA, VADAKKEKARA VILLAGE, PARAVUR TALUK, ERNAKULAM, PIN - 683522 2 BALAN.K.K. AGED 62 YEARS MANAPPUZHA HOUSE, THEKKUMTHALA, WEST KADUNGALLOOR, ERNAKULAM, PIN -
683110
3 UMA BALAN AGED 56 YEARS W/O BALAN, MANAPPUZHA HOUSE, THEKKUMTHALA, WEST KADUNGALLOOR, ERNAKULAM, PIN -
683110 THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 10 th day of January , 2024 The petitioner herein, who is the first respondent in M.C.No.16 of 2021, on the file of Grama Nyayalaya, Paravur, Chendamangalam (Ernakulam), is challenging the maintainability of that M.C., for want of pecuniary jurisdiction.
2. According to him, Grama Nyayalaya had no pecuniary jurisdiction to entertain Exhibit P1 M.C. filed by the first respondent herein. He filed Exhibit P5 preliminary objection for considering the maintainability issue of the M.C. on the ground of lack of pecuniary jurisdiction. But, the Grama Nyayalaya is not considering his objection, though such a contention was taken up by him, in his counter as well.
Adverting to the facts and circumstances of the case, this Court is of the view that, this O.P.(Crl.) itself can be disposed of with a direction to the Grama Nyayalaya, Paravur, Chendamangalam to consider Exhibit P5 application within a period of 2 weeks from the date of receipt of a copy of this order, and to pass appropriate orders.
With this direction, this O.P.(Crl.) is disposed of.
Registry is directed to forward a copy of this order to the Grama Nyayalaya forthwith.
Sd/-
SOPHY THOMAS JUDGE SSK/10/01 APPENDIX OF OP(CRL.) 16/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE M.C. NO. 16 OF 2021 UNDER SECTION
12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT FILED BY THE FIRST RESPONDENT HEREIN ON THE FILE OF GRAMA NYAYALAYA, CHENDAMANGALAM DATED 17.8.2021 Exhibit P2 TRUE COPY OF THE C.M.P. NO. 52 OF 2021 IN M.C.
NO.16/2021 ON THE FILE OF GRAMA NYAYALAYA, CHENDAMANGALAM DATED 17.8.2021 Exhibit P3 TRUE COPY OF THE ORDER IN C.M.P. NO. 52 OF 2021 IN M.C. NO.16/2021 OF THE COURT OF THE NYAYADHIKARI, GRAM NYAYALAY, CHENDAMANGALAM Exhibit P4 TRUE COPY OF THE COUNTER AFFIDAVIT TO M.C. NO.16 OF
2021 DATED 09.11.2022 ON THE FILE OF GRAMINA NYAYALAYA, CHENDAMANGALAM Exhibit P5 TRUE COPY OF THE PRELIMINARY OBJECTION IN M.C.
NO.16/2021 ON THE FILE OF GRAMA NYAYALAYA, CHENDAMANGALAM DATED 10.11.2022 Exhibit P6 TRUE COPY OF THE G.O.(RT).NO. 3641/2023/HOME DATED
12.12.2023
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