K. M. LEELAVATHI Vs. K. M. SONIA MADAIAH

JUDGEMENT

(1.) By making an application under Article 226 of the Constitution of India and section 482 Cr.P.C., petitioner has sought to stay the operation of the order dated 11.12.2019 passed on I.A.No.1 in Criminal Appeal No.5009/2019 by the II Additional District and Sessions Judge, Kodagu, Madikeri, sitting at Virajpet (Annexure-F). By the said order, learned Sessions Judge while entertaining the appeal filed by the first respondent herein suspended the order dated 25.03.2019 passed by the Trial Court in Crl.M.C.No.157/2018 regarding custody of the child till disposal of the appeal or till further orders.

(2.) The facts necessary for consideration of the prayer sought for by the petitioner are as follows:-

(3.) On considering the averments made in the application and the supporting affidavit, learned Magistrate passed an ex-parte interim order dated 06.08.2018 under section 21 of the PWDV Act, 2005 granting temporary custody of the child named Dillan Devaiah to the first respondent namely his mother. The mother-in-law/petitioner herein was directed to pay maintenance to the mother of the child. Against the said ex-parte interim order, petitioner herein mother-in-law filed an application under section 25(2) of PWDV Act for modification of the ex-parte interim order. Learned Magistrate, by order dated 25.03.2019, set-aside the ex-parte interim order granting temporary custody of the child named Dillan Devaiah to the first respondent namely his mother and the contesting respondents were prohibited from alienating or mortgaging or creating any kind of charge on the share of the minors in the ancestral properties. The ex-parte order regarding interim maintenance was directed to be in force till disposal of the main petition.