IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 RPFC.No. 349 of 2008() ---------------------- AGAINST THE ORDER DATED 05/09/2008 IN CMP(EX).269 /2008 IN MC.403/2003 of .................... PETITIONER/RESPONDENT ------------------------------ AJITHKUMAR, S/O.BALAN PAKKUVEETTIL, WEST HILL,NEAR WEST KANAKALAYA BANK KOZHIKODE. BY ADV. SRI.T.R.RAVI SRI.P.S.MURALI RESPONDENT(S)/PETITIONER: ------------------------------------ SHAIMA, D/O.SURENDRAN, THUPPAYATHODI PARAMBA, B.G.ROAD, P.O.WEST HILL KOZHIKODE TALUK. ADV. SRI.P.K.RAMKUMAR FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 26/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = R.P(F.C.) NO. 349 OF 2008 = = = = = = = = = = = = = = = Dated this the 26th day of February, 2009. O R D E R This revision is preferred to set aside the order of the Court below issuing non-bailable warrant against the petitioner. As per the direction of this Court the Family Court Judge, Kozhikode had sent a copy of the order passed in CMP (EX)269/08 in M.C.403/03. The learned Judge had overruled the objections raised by the present petitioner and he is directed to make payment of maintenance allowance to the petitioner therein for the above 12 months. It is further observed that if he is not making any payment he is liable to be sentenced to undergo simple imprisonment for a period of six months. Already an order has been passed by the learned Family Court Judge and the remedy for the party is to challenge the said order in appropriate proceedings. So with liberty to challenge the said order the revision petition is closed. In order to enable the petitioner to get a copy and move for appropriate proceedings, the implementation of the order shall be deferred by a period of one month. M.N. KRISHNAN, JUDGE.