IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 RPFC.No. 130 of 2009() ---------------------- AGAINST THE ORDER DATED 28.2.2009 IN CMP.70/2009 IN MC 601/2003 OF THE FAMILY COURT MALAPPURAM .................... PETITIONER -------------------- HAMEED, AGED 37 YEARS, S/O.MOIDEENKUTTY,NEDUMPALLI HOUSE, MOOLAKKAL.P.O., K.PURAM,VIA TANALUR. BY ADV. SMT.T.V.NEEMA SRI.HARISH R. MENON RESPONDENT(S): --------------- 1. BENAZEER,30 YEARS, D/O.HAMZA @ BAPU, PALLIKKALAKATH HOUSE, PURATHUR AMSOM DESOM, P.O.PADINHAREKKARA. 2. DILSHAD(MINOR), (MINOR PETITIONER IS REP. BY GUARDIAN MOTHER 1ST PETITIONER). THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- R.P(F.C)No. 130 OF 2009 --------------------------------- Dated this the 2nd day of April, 2009 O R D E R This petition is filed with a prayer to set aside the order dated 28.02.2009 in C.M.P. 70/2009 in M.C. 601/2003 on the file of the Family Court, Malappuram. I had perused that order which is only posted for Counter / Payment 4.4.2009. Whatever contention the petitioner wants to raise and if legally sustainable is bound to be considered by that court before passing further orders. So making it clear that when a counter is filed challenging the very question of payment, let it be considered by the Family Court and thereafter further consequential orders be passed. The R.P(F.C) is disposed of accordingly. M.N. KRISHNAN, JUDGE vkm