IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 RPFC.No. 51 of 2008() --------------------- MC.398/2007 OF THE FAMILY COURT, MALAPPUZHA. .................... REVISION PETITIONER/RESPONDENT: ------------------------------------------------ N. MOIDEEN, AGED 32 YEARS, S/O. KUNHIMON, PATHUMURI, P.O. VELLAMCODE, PONNANI, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.K.KHALEEMUDHEEN SRI.DARSAN SOMANATH RESPONDENTS: PETITIONERS: ------------------------- 1. AVUKKARIYAKATH FATHIMA, D/O.SIDHIQUE, GOVERNMENT HOSPITAL ROAD, P.O. PONNANI. 2. MANSOOFA, AGED 8 YEARS. 3. MANSOOR, AGED 5 YEARS. (MINOR RESPONDENTS ARE REPRESENTED BY GUARDIAN MOTHER 1ST RESPONDENT). BY THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 20/2/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- R.P. (FC)No. 51 OF 2008 ------------------------------------------------- Dated this the 20th day of February, 2008 ORDER This revision petition is directed against an ex parte order passed under Sec.125 of the Cr.P.C. directing payment of maintenance. The petitioner is said to be in prison in execution of the ex parte order granting maintenance. 2. After discussions at the Bar, the learned counsel for the petitioner prays that the petitioner may be permitted to withdraw this petition without any fetter on his rights to move the Family Court to get the ex parte order set aside. The learned counsel offers that the entire amount payable by way of interim maintenance shall be paid by him straightaway. The petitioner can make that offer before the learned Magistrate in his endeavour to get the ex parte order set aside. 3. This revision petition is, in these circumstances, dismissed as withdrawn. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge