IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 RPFC.No. 76 of 2010() --------------------- MC.78/2003 ON THE FILE OF THE FAMILY COURT, KOZHIKODE .................... PETITIONER -------------------- A.M.CHANDRAN, C.NO.5252, CENTRAL PRISON, KANNUR. BY ADV. SMT.SHEENA.E.(STATE BRIEF) RESPONDENT(S): --------------------------- 1. R.BINDU, D/O.LATE RAMAN, KOZHIPERUNTHAR VAYAL, VELLIMADUKUNNU, P.O.MERYKUNNU, KOZHIKODE. 2. RENIL (MINOR) 3. GREESHMA (MINOR), RESPONDENTS 2 & 3 REPRESENTED BY MOTHER 1ST RESPONDENT. ADV. SRI.P.K.RAMKUMAR FOR R2 TO 4 THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = .R.P(F.C).No.76 of 2010 = = = = = = = = = = = = = = Dated this the 19 th day of February, 2010 ORDER Heard both sides. 2. This is a revision preferred from the Central Prison, Kannur by the respondent-husband in M.C.No.78 of 2003 on the file of the Family Court, Kozhikode. The order for maintenance under Section 125 Cr.P.C was passed on 19.12.2003. The petitioner had approached this Court on an earlier occasion by filing R.P(F.C) No.309 of 2009 challenging the orders of imprisonment in execution of the ex parte order of maintenance. This Court modified the sentence of imprisonment to eight months each, but did not consider the legalilty and correctness of the order awarding maintenance. That probably had prompted the petitioner to file the present revision. His remedy is to move the Family Court under the proviso to Section 126(2) Cr.P.C. Leaving open the said remedy, this revision is disposed of. Dated this the 19th day of February, 2010. V. RAMKUMAR, JUDGE sj