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. 303 of 2009() ------------------------ AGAINST THE ORDER DATED 03/07/2009 IN CRMP.663/2009 IN MC.156/2008 OF FAMILY COURT, KASARGOD .................... PETITIONER/RESPONDENT ----------------------------------------- ABDULLA K., AGED 37 YEARS, S/O.MUHAMMED HAJI, RESIDING AT RAHIYANA BAITH, MOUVVAL P.O., HADAD NAGAR, PALLIKKERE VILLAGE, HOSDURG TALUK. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENTS / PETITIONERS -------------------------------------------- 1. NAZEERA, AGED 26 YEARS, D/O.GOUSEKHAN, RESIDING AT PARUTHICHAL HOUSE, TRIKARPUR P.O., TRIKARPUR VILLAGE, HOSDURG TALUK. 2. FIDA, AGED 1 1/2 YEARS, D/O.NAZEERA AND ABDULLAKUNHI, (MINOR REP. BY MOTHER AS GUARDIAN). ADV. SRI.V.M.KURIAN FOR R1 SRI.MATHEW B. KURIAN FOR R1 SRI.K.T.THOMAS FOR R1 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. 303 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 Crl.M.P.No.663/2009 in M.C.No.156/2008. It was an application filed to set aside the exparte order passed against the husband. The court below felt that since the revision petitioner had part taken in the proceeding and cross examined the wife it cannot be considered as an order passed exparte and therefore, declined to pass an order in favour of him. It has to be remembered that though a proceedings u/S.125 of the Criminal Procedure Code is of a criminal nature it has got all the trapping of a Civil proceedings and it has also to be remembered that even under the provisions of the Criminal Procedure Code everything has to be recorded in the presence of the persons who is liable to pay the amount. Here the person who is liable to pay the amount had not been heard after the half the stage and therefore, one cannot classify that order as one passed on merits only. Further the principles of a natural justice also comes in and therefore, I am inclined to give an opportunity. So the order passed by the Family R.P.F.C. NO. 303 OF 2009 2 Court is set aside and I direct the Family Court, to restore the M.C back to file and give opportunity to both sides to produce documentary as well as oral evidence in support of their respective contentions and the matter be disposed of in accordance with law. As an interim measure the revision petitioner has to pay at the rate of Rs.1,000/- together to the wife and child till final decision taken in the matter. The parties are directed to appear before the Family Court on 26.4.2010. M.N. KRISHNAN, JUDGE. pm