IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 RPFC.No. 197 of 2008() -------------------------------- MC.75/2007 of FAMILY COURT, KALPETTA .................... PETITIONERS(S)/ PETITIONER --------------------------- 1. BINDU, AGED 38, D/O.PADMANABHAN, CHEKKANATTU VELIYIL HOUSE, THOMATTUCHAL, VADUVANCHAL P.O. 2. VISHNULAL, S/O.BINDU & SHAMJITH LAL, AGED 13 YEARS, 8TH STANDARD (MINOR) 3. VISMAYA, S/O.BINDU & SHAMJITH LAL, AGED 8 YEARS, 3RD STD.STUDENT (MINOR) PETITIONERS 2 AND 3 ARE MINORS REPRESENTED BY MOTHER BINDU, D/O.PADMANABHAN). BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): COUNTER PETITIONER/ STATE ------------------------- 1. SHAMJITH LAL, AGED 35 YEARS, S/O.LATE KUMARAN, KULANGARAKANDY VEEDU, NEAR KALLAI RAILWAY STATION, KALLAI P.O. KOZHIKODE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.P.A.SALIM THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = R.P(F.C.) NO. 197 OF 2008 = = = = = = = = = = = = = = = Dated this the 16th day of February, 2009. O R D E R This revision is filed to set aside the order of the Family Court, Kalpetta in M.C.75/07 and to allow a sum of Rs.5,000/- as maintenance to the first petitioner. There was a proceedings as M.C.13/07 before he Judicial First Class Magistrate, Sulthan Bathery whereby under the provisions of the Domestic Violence Act the petitioner and her children were ordered to pay an interim relief of Rs.2,500/- as interim maintenance. It is submitted that the said order has been stayed by the Sessions Court. The Family Court found that the husband is liable to pay Rs.2,500/- per month to the petitioners but dismissed the case on the ground as such an order is passed by the Magistrate Court in the petition that was pending before it. So far as the petitioners are concerned according to the counsel for the petitioners the said order has been stayed and now they are helpless. Therefore to have a way out for the wife and children the R.P(F.C.) NO. 197 OF 2008 -:2:- Family Court can consider this application on merits and pass appropriate orders after giving due notice to the respondents in this revision petition as well. At any rate some amount has to be awarded and at the same time the Court must see that the order of one Court does not overlap the order of the other Court thereby making the person entitled to unjust enrichment. The Court can ascertain the facts from the parties and pass fresh orders in the matter. With this observation the order under challenge is set aside and the matter is remitted back to the Family Court, Kalpetta for fresh consideration. The R.P.(F.C) is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-