IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 Crl.MC.No. 1667 of 2010() ------------------------- MC.237/2009 ON THE FILE OF FAMILY COURT, ERNAKULAM .................... PETITIONER(S): RESPONDENT. ------------------------------------------------- C.P.LINESHAH, S/O. PUSHKARAN, AGED 50 YEARS, CHUNDEL HOUSE, NEDUVANNUR, CHOWARA P.O., ERNAKULAM. BY ADV. SMT.K.A.ANGEL TREENA SMT.ARLISS TRENCY ANTONY RESPONDENT(S): PETITIONER & STATE. ---------------------------------------------------------------- 1. G.S.MADHUMATHY, D/O. GOVIND SHETTY, AGED 50 YEARS, H.NO.X/326, J.D.NORTH LANE, AMARAVATHY, KOCHI - 682 001. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.MATHEWS K.PHILIP FOR R1 PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1667 of 2010 = = = = = = = = = = = = = = Dated this the 1 st day of June, 2010 ORDER Heard both sides. 2. Petitioner, who is the respondent in M.C.No.237/2009 on the file of the Family Court, Ernakulam, challenges the filing and prosecution of the said application under Section 125 Cr.P.C on the ground that in compliance of a direction issued by this Court in Annexure A - Mat Appeal No.178/2009, he is paying a sum of Rs.2,000/- to the wife (1st respondent herein) as monthly maintenance. According to the petitioner, after accepting the said payment, the 1st respondent was dis-entitled to file or prosecute M.C.No.237/2009. 3. The above sum which is ordered to be paid to the 1st respondent/wife in Annexure A- Mat.Appeal are amounts payable under Section 24 of the Hindu Marriage Act, by way of litigation expenses and monthly maintenance. That has nothing to do with the claim made under Section 125 Cr.P.C. This Crl.M.C is accordingly dismissed. Dated this the 1st day of June, 2010. V. RAMKUMAR, JUDGE sj