IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 RPFC.No. 133 of 2008() ---------------------- MC.414/2007 OF THE FAMILY COURT, MALAPPURAM .................... REVISION PETITIONER/RESPONDENT: ------------------------------------------------ ABDUL HAMEED C.K., AGED 45 YEARS, S/O.MUHAMMED KUTTY,C.K. HOUSE, FAROKE COLLEGE ROAD RAMANATTUKARA, KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: PETITIONERS: ------------------------- 1. SARABEEGAM, AGED 40 YEARS, D/O. AHAMMED KUTTY T.M., THALEKKUNNATH HOUSE, RAHATH MANZIL, PIRIYAPADAM, VAZHAKKAD P.O., AKKODE, MALAPPURAM DISTRICT. 2. RAMSEELA, THALEKUNNATH HOUSE, RAHATH MANZIL, PIRIYAPADAM, VAZHAKKAD P.O., AKKODE, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER FOR R1 & 2 SRI.V.C.MADHAVANKUTTY FOR R1 & 2 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - R.P.F.C.No. 133 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of July, 2008 O R D E R The challenge in this revision petition is against an ex parte order passed under Section 125 Cr.P.C. obliging the petitioner to pay an amount of Rs.2,500/- and Rs.2,000/- p.m. respectively to the claimants, his wife and child. As directed by the court an amount of Rs.25,000/- has by now been deposited before the court below and the same has already been directed to be released to the claimants. 2. After discussions at the Bar, it is agreed that the impugned order can be set aside and the learned Judge of the Family Court can be directed to dispose of M.C. 414 of 2007 afresh in accordance with law. 3. Accepting the same, this R.P.F.C. is allowed. The impugned order is set aside. The learned Judge of the Family Court is directed to dispose of M.C. 414 of 2007 afresh in accordance with law, as expeditiously as possible. Both parties R.P.F.C.No. 133 of 2008 2 shall appear before the learned Judge on 4.8.2008 to continue the proceedings. 4. It is submitted that interim order for payment for payment of maintenance has been passed by the learned Judge. The amount deposited so far shall be credited towards the arrears of interim maintenance due. Appropriate steps can be taken for recovery of the arrears of interim maintenance, if any. (R. BASANT) Judge tm