IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 Crl.MC.No. 1582 of 2011() ------------------------------------- M.C.NO. 21/2009 of FAMILY COURT, KALPETTA .................... PETITIONER(S): RESPONDENT --------------------------------------------- MUSTAFA V. @ KUNHANI, AGED 40 YEARS, S/O.KUNHALAN, VADAKKETHIL HOUSE, MESS HOUSE ROAD, OPPOSITE TO TELEPHONE EXCHANGE, KALPETTA, WAYANADU. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S): PETITIONER ---------------------------------------------- 1. VAHEEDA RAHMAN, D/O.MAJEED, PUTHANVEETTIL HOUSE, PULPPARA, KALPETTA P.O., WAYANADY. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1582 of 2011 --------------------------------------- Dated this 01st day of June, 2011 ORDER Respondent in M.C.No.21 of 2009 of Family Court, Kalpetta is the petitioner seeking a direction to that that Court. First respondent was the wife of petitioner. In M.C.No.21 of 2009 first respondent sought maintenance for herself and her children. Family Court passed Annexure-A1, order on 15.12.2009 on the basis of a settlement between parties directing petitioner to pay maintenance at the rate of `.1500/- per month to all the respondents together from the date of petition. According to the petitioner, subsequent to Annexure-A1, order first respondent has driven out her children who are now in the care and custody of petitioner. In the meantime, first respondent filed C.M.P(Exe). No.1 of 2010 to execute Annexure-A1, order. Petitioner filed Annexure-A2, application under Sec.127 of the Code of Criminal Procedure for modification of the order of maintenance on the ground that the children are now in the care and custody of petitioner. The relief sought in this proceeding is a direction to the learned Judge of the Family Court to dispose of Annexure-A2, application before executing Annexure-A1, order. That is a Crl.M.C.No.1582 of 2011 -: 2 :- request that petitioner could and should make before learned Judge of the Family Court. This criminal miscellaneous case is disposed of without prejudice to the right of petitioner to make such request before the Family Court. If any such request is made Family Court shall consider the same and pass appropriate orders. (THOMAS P JOSEPH, JUDGE) Sbna/-