IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 RPFC.No. 302 of 2007() ---------------------- MC.148/2005 of THE FAMILY COURT,KASARAGOD. .................... REVISION PETITIONER/RESPONDENT ----------------------------------------------- ULLI KISHAKKE PURAYIL ABDULLA, AGED 37 YEARS, S/O ISMAIL MOHAMMED, KAVVAYI P.O., PAYYANNUR, KANNUR. BY ADV. SRI.M.V.AMARESAN RESPONDENTS: PETITIONERS ------------------------ 1. V.MAIMOONA, AGED 30 YEARS, D/O K.MUHAMMED, 'AJMEER MANZIL', OLAVARA, OLAVARA GATE, UDUMBUMTHALA P.O., SOUTH TRIKARIPUR VILLAGE, HOSDURG TALUK. 2. SUMAYYA, AGED 7 YEARS, 3. HASEENA, AGED 5 YEARS, (RESPONDENTS 2 AND 3 ARE MINOR, REPRESENTED BY GUARDIAN MOTHER, 1ST RESPONDENT) BY ADV. SRI.T.K.VIPINDAS THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- R.P.(FC) No. 302 OF 2007 ------------------------------------------------- Dated this the 7th day of February, 2008 ORDER The petitioner has suffered an ex parte order under Sec.125 of the Cr.P.C. directing him to pay maintenance at the rate of Rs.2,000/-, 1,000/- and Rs.750/- respectively to his wife, child aged 5 years and another child aged 3 years respectively. The petitioner has come up in revision against the said order. No application to set aside the ex parte order has been filed before the Family Court. 2. After discussions at the Bar, the learned counsel for the petitioner only prays that the petitioner may be permitted to withdraw this petition without any prejudice to his rights to file an application to set aside the ex parte order. The said request is accepted. 3. This petition is, in these circumstances, dismissed as R.P.(FC) No. 302 OF 2007 -: 2 :- withdrawn without any prejudice to the rights of the petitioner to file an application before the Family Court to set aside the ex parte order passed against him subject, of course, to the law of limitation. 4. Copy of the impugned order shall forthwith be returned to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge