IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 RPFC.No. 122 of 2009() ---------------------- MC.438/2008 ON THE FILE OF THE FAMILY COURT, MALAPPURAM .................... REVISION PETITIONER/ RESPONDENT -------------------------------------------------------- T.K. SAITHALAVI HAJI, AGED 56 YEARS, S/O. KUNHIMUHAMMED, THAYYIL KADENGAL HOUSE, PALLIPRAM AMSOM, PERUNTHALLOOR DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.A.A.ABUL HASSAN RESPONDENT/PETITIONER: ---------------------------------------- SULAIKHA, AGED 29 YEARS, D/O. MUHAMMED, CHOLAYIL HOUSE, AVASANA KARATHOOR, TIRUNAVAYA AMSOM, KARATHOOR DESOM, TIRUR TALUK, KODAKKAL.P.O. ADV. SRI. P. CHANDRASEKHAR THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S. GOPINATHAN, J. ------------------------- R.P (FC) NO. 122 OF 2009 ------------------------------- DATED THIS THE 19TH DAY OF OCTOBER 2009 ORDER -------- The revision petitioner is the respondent in M.C No. 438 of 2008 on the file of the Family Court, Malappuram. The respondent herein, who is the wife of the revision petitioner obtained an order of maintenance under Section 125 of the Code of Criminal Procedure. 2. Assailing the legality, correctness and propriety of the order granting maintenance this revision petition was filed. 3. There was a petition as OP No. 524 of 2008 seeking an order for return of gold ornaments and money said to have been paid. Against the order in OP No. 524 of 2008, Matrimonial Appeal No. 244 of 2009 is also pending between the parties. Now the parties have settled the matter out of court and filed a joint petition as Criminal M.A No. 9975 of 2009 whereby respondent had given up the claim for maintenance or settling the disputes between the parties and on receipt of Rs. 4,25,000/-. In the above circumstances Crl.M.A No. 9975 of 2009 is recorded. M.C No. 438 of 2008 pending before the trial court would stand R.P (FC) NO. 122 OF 2009 2 dismissed. The impugned order is set aside. The Revision Petition (FC) is disposed of as above. P.S. GOPINATHAN JUDGE PKK