IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 RPFC.No. 263 of 2009() ---------------------- MC.141/2008 of Family Court, Kasargod. .................... PETITIONERS 1 AND 4. ----------------------------------- 1. ASMA.M, W/O.SUBAIR, AGED 35 YEARS, RESIDING AT PAZHAYA KADAPPURAM, P.O.KANHANGAD SOUTH, KANHANGAD VILLAGE, HOSDURG TALUK, KASARAGOD TALUK. 2. SUHAIRA K., D/O.SUBAIR, AGED 7 YEARS, MINOR, REPRESENTED BY 1ST PETITIONER, MOTHER AS GUARDIAN. BY ADV. SRI.K.RAJESH SUKUMARAN RESPONDENT -------------------- SUBAIR.K.S, S/O.MOIDU, AGED 37 YEARS, RESIDING AT PAZHYA KADAPPURAM P.O., KANHANGAD SOUTH, KANGHANGAD VILLAGE, HOSDURT TALUK, KASARAGOD. ADV. SRI.T.MADHU FOR R THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------------------- R.P.F.C. NO. 263 OF 2009 ------------------------------------------ Dated this the 18th day of March, 2010. J U D G M E N T This revision is preferred against the order of the Family Court, Kasargod in M.C.No.141/2008. The Family Court ordered maintenance at the rate of Rs.1500/- each to the wife and the last child. It is also found that children No.1 and 2 are staying with the father or in that custody of father's family. I had tried my level best to understand the conclusions given by the Family Court. Unfortunately the family court has lost the track and on an admission by the husband that in order to purchase peace that he will give Rs.1500/- to wife and the last child is accepted and orders passed. The wife has not agreed for the same. Therefore, I find the whole matter requires reconsideration and therefore, the order under challenge is set aside and the matter is remitted back to the Family Court for fresh consideration after affording equal opportunity to both sides to adduce documentary as well as oral evidence in support of their respective contention and dispose of the matter in accordance with law. As an interim measurement the amount awarded by the Family Court as maintenance i.e., at the R.P.F.C. NO. 263 OF 2009 2 rate of Rs.1,500/- each per month shall be continued to be paid to P1 and P4 till a final decision is taken in the matter. Parties are directed to appear before the Family Court on 26.4.2010. M.N. KRISHNAN, JUDGE. pm