IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN FRIDAY, THE 23RD DAY OF DECEMBER 2011/2ND POUSHA 1933 RPFC.No. 266 of 2011 ( ) MC.435/2010 of FAMILY COURT,THRISSUR REVISION PETITIONER SHAJI, AGED 40 YEARS, S/O. LATE JOSEPH, PALLIPATTU HOUSE, PATTEMPADAM DESOM, P.O. KORANCHIRA, KANIMANGALAM VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV.SRI.V.S.BABU GIREESAN RESPONDENTS 1. JINI, AGED 35 YERS, D/O. LATE JOY, VALLIYATTIL HOUSE, KATTILAPOOVAM P.O., PULKKANNI DESOM, MANALITHARA VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. 2. ATHUL SHAJI, AGED 13 YEARS, -DO- 3. ALNA SHAJI, AGED 6 YEARS, -DO- THIS REV.PETITION (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 23-12-2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.A.NO.11089 OF 2011 IN RPFC 266 OF 2011 DISMISSED. 23.12.2011 SD/- V.K. MOHANAN, JUDGE. APPENDIX ANNEXURE 1: COPY OF THE FIXED DEPOSIT DATED 5.12.2011 OF THE FEDERAL BANK, VADAKKANCHERY. ANNEXURE-II. COPY OF THE PETITION IN M.C.NO.435 OF 2010 OF THE FAMILY COURT, THRISSUR. ANNEXURE III: COPY OF THE ORDER IN M.C.NO.435 OF 2010 OF THE FAMILY COURT, THRISSUR. //TRUE COPY// V.K.MOHANAN, J. ---------------------------------------- R.P.(F.C) NO. 266 of 2011 ---------------------------------------- Dated the 23rd day of December, 2011 ORDER The respondent in M.C.No.435 of 2010 pending in the Family court, Thrissur is the revision petitioner as he is aggrieved by the order dated 14.9.2011 by which the learned Judge of the Family Court allowed the claim for maintenance and directed the revision petitioner to pay maintenance allowance at the rate of Rs.5000/- each per month to the claimants from 18.8.2010. 2. Admittedly, the above order of the family court is an ex parte order and there is no decision and discussion on merit, after having referred to the rival pleadings and the evidence, if any. As the impugned order is an ex parte order, the remedy of the revision petitioner is to approach the same court under section 126 Cr.P.C. Therefore, according to me, this R.P(FC) can be disposed of relegating the revision petitioner to approach the same court by invoking Section 126(2) Cr.P.C to set aside the ex parte order. R.P(FC) No.266/11. 2 In the result, this R.P(FC) is disposed of relegating the revision petitioner to approach the Family Court , Thrissur by invoking the proviso to sub-section 2 of Section 126 Cr.P.C. I am sure that, if the petitioner approaches the court, as directed above, his application will be considered on merit. V.K.MOHANAN, JUDGE kvm/- R.P(FC) No.266/11. 3