IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 RPFC.No. 447 of 2009() ------------------------------- M.C. NO.900/2007 OF FAMILY COURT, MALAPPURAM. ............. PETITIONER (S): RESPONDENT -------------------------- SIDDIQUE K.K., AGED 30 YEARS, S/O. SHAMSU, C/O. MOIDEEN KOYA, SIDDIQUE HOUSE, THOTTAMKUNIPPADAM, NALLALAM, KOZHIKODE DISTRICT. BY ADV. MR.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): PETTIIONERS 1 TO 4 ------------------------ 1. SUBHAIRAT, D/O. MARAKKARKUTTY, AGED 30 YEARS,KARALIKKADAN KALATHINGAL VEEDU, POONKUDY, UGRAPURAM, AREEKODU, MALAPPURAM DISTRICT. 2. MUHAMMED IRSHA, AGED 10 YEARS,(MINOR), S/O. SIDDIQUE. 3. MUHAMMED IRFAD, AGED 7 YEARS (MINOR), S/O. SIDDIQUE. 4. IRFANA, AGED 5 YEARS,(MINOR), D/O. SIDDIQUE. R1 BY ADV. MR.P.SANJAY THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.Gopinathan, J. ========================================== R.P.(F.C.)No.447 of 2009 ========================================== Dated this the 23rd day of December, 2009. ORDER 1.The respondents herein, who are the wife and children of the revision petitioner moved the Family Court, Malappuram by a petition which was numbered as M.C.No.900 of 2007 under Section 125 of the Code of Criminal Procedure. The revision petitioner was declared ex-parte and the petition was allowed directing the revision petitioner to pay maintenance at the rate of Rs.2,000/- to the first petitioner, Rs.1,500/- to the second petitioner, Rs.1,000/- to the third petitioner and Rs.500/- to the fourth petitioner. Assailing the legality, correctness and propriety of the above order, this revision petition was filed. 2.It is admitted that the revision petitioner had not applied before the trial court for setting aside the ex-parte order. In the above RPFC447/09 -:2:- circumstances, this petition is dismissed with liberty to the petitioner to move the trial court for setting aside the ex-parte order. Taking note that the revision petitioner has deposited Rs.35,000/- in pursuance of the order, execution of the warrant shall be kept in abeyance till 15.1.2010. P.S.Gopinathan, Judge. sl.