IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 30032 of 2008(S) ------------------------------------- MC.183/2005 OF THE FAMILY COURT, NEDUMANGAD .................... PETITIONER: ------------------- ABDUL KALAM, S/O.ABDUL KHADER, PLAKKODE HOUSE, THENGUMKODE, K.T.KUNNU P.O., KALLARA, TRIVANDRUM 695 608. BY ADV. SRI.S.MOHANDAS RESPONDENTS: ----------------------- 1. SMT.SHAILA BEEVI, D/O.ILLYAS, A.K.MANZIL, KARADIMUKH, BHARATHANNOOR KALLARA, TRIVANDRUM 695 608. 2. UVAIS (MINOR) REPRESENTED BY MOTHER SHAILA BEEVI. -DO- 3. AMINA (MINOR) REPRESENTED BY MOTHER SHAILA BEEVI. - DO- 4. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R4 BY GOVERNMENT PLEADER SRI.GIKKU JACOB ADV. SRI.SAJU.S.A FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30032 OF 2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF ORDER DT.27.11.2007 IN I.A.NO.142/2007 OF THE FAMILY COURT, NEDUMANGAD EXT.P2 COPY OF I.A.NO.142/07 EXT.P3 COPY OF ORDER DATED 21.3.2007 IN M.C.NO./183/2005 EXT.P4 COPY OF M.C.NO.183/2005 FILED BEFORE THE FAMILY COURT, NEDUMANGAD EXT.P5 COPY OF COUNTER AFFIDAVIT FILED IN M.C.183/05 / TRUE COPY / M.N.KRISHNAN, J. ------------------------------------------ W.P.(C) No.30032 of 2008 ------------------------------------------ Dated, this the 12th day of February, 2009 JUDGMENT This writ petition is preferred with a prayer to call for the records and to set aside Exts.P1 and P3 orders. Heard learned counsel for both sides. 2. Ext.P3 is an ex parte order passed in M.C.No.183 of 2005 whereby the writ petitioner herein is ordered to pay maintenance to the petitioners 1 to 3 at Rs.750/- each per month from the date of the petition, i.e. 23.11.2004. The said order had been passed on 21.3.2007. It is to set aside that ex parte order, I.A.142 of 2007 in M.C.No.183 of 2005 has been filed and by virtue of Ext.P1 order dated 27.11.2007 the Family Court had dismissed it also for default without costs. Now it is to set aside Exts.P1 and P3 the present writ petition is filed. 3. Under Section 19(4) of the Family Court Act the High Court may on its own motion or otherwise is competent to call for and examine the records or of any proceeding or an order under Chapter 9 of the Code of Criminal Procedure for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order and as W.P.(C) No.30032 of 2008 2 to the legality of such proceeding. So an order passed under Chapter 9 of the Code of Criminal Procedure is revisable if it is not an order of interlocutory in nature. Now the question will be whether a petition to set aside an ex parte order passed against an order of maintenance is an interlocutory order or not. By dismissal of the application what the court does is to put a final seal on the ex parte order. Thereby the order passed by the court attains finality. So an order passed either allowing or dismissing to set aside an ex parte order also will have all the clippings of a final order which is not of interlocutory in nature and, therefore, Section 19(4) of the Family Court Act enables the High Court to consider it on the revisional jurisdiction. When the revisional jurisdiction is provided, the petition shall not lie or can be entertained under Article 227 of the Constitution of India. Therefore this petition is dismissed making it clear that the writ petitioner will be at liberty to file a revision petition, if so advised, in accordance with law. Writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vns