LAWS(KER)-2007-2-196

SHANIDA Vs. MOHAMMED ABDUL SALIM

Decided On February 19, 2007
SHANIDA, HUSSAIN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner has come to this court with the grievance that Protection Officers, as contemplated under the Protection of Women from Domestic Violence Act, 2005 (Act 43 of 2005) having not been appointed, the same is causing great prejudice and loss to the petitioner. The learned Magistrate is not taking the necessary steps to get the notice served on the first respondent for the reason that Protection Officer has not been appointed. It was with that grievance that the petitioner had come to this court. A report has been called for from the learned Magistrate and the report has been received.

(2.) In the meantime, it is submitted that Protection Officers have been appointed and the said grievance does not survive. Report of the learned Magistrate shows that the learned Magistrate entertains serious doubts as to whether the petition is maintainable and he wants the matter to be heard. The learned counsel for the petitioner had advanced arguments in part, it is mentioned.

(3.) I am of the opinion that the petitioner must appear before the learned Magistrate and advance arguments on the question of maintainability raised by the learned Magistrate. I do not think it necessary to express any opinion on the question on which the learned Magistrate wants the matter to be heard. The petitioner must appear before the learned Magistrate and advance his arguments whereupon the learned Magistrate shall take appropriate decision in the matter. It is reported by the learned Magistrate that the matter stands posted to 02/03/2007. The petitioner must appear before the learned Magistrate and make his submissions on that date.