IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Crl.MC.No. 744 of 2008() ---------------------------------- CMP.1487/2007 AND CMP.148/07 of FAMILY COURT, PALAKKAD. .................... PETITIONER/PETITIONER/COUNTER PETITIONER ----------------------------------------------------------------------- K. DEVADAS, AGED 42 YEARS, S/O.KUTTYKRISHNAN, PALLIKANDATHU VEEDU, KANNADI P.O., PALAKKAD. BY ADV. MR.P.VIJAYA BHANU MR.P.M. RAFIQ RESPONDENTS/RESPONDENTS/PETITIONERS AND STATE ------------------------------------------------------------------------------------ 1. V.K. JESSI, AGED 35 YEARS, D/O.KUPPANKUTTY KALLIMULLI, ELAOOULLI P.O., PALAKKAD. 2. RESHMA, AGED 7 YEARS, D/O.DEVADAS, (MINOR REPRESENTED BY HER MOTHER V.K.JESSI). 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R3 BY PUBLIC PROSECUTOR MR.SALIM. R1 BY MR.V.CHITAMBARESH, SENIOR ADVOCATE, ADV. MR.T.C.SURESH MENON, MR.JIBU P THOMAS. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Crl.MC.No. 744 of 2008 ORDER ON CRL.MA.NO.1045/2008 IN CRL.MC.NO.744/2008 DISMISSED 30/11/2009. SD/- M.SASIDHARAN NAMBIAR, JUDGE //TRUE COPY// P.S. TO JUDGE rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 744 OF 2008 =========================== Dated this the 30th day of November,2009 ORDER Petitioner, the respondent in M.C.185/2006 filed CMP No.1487/2007 under section 127(2) of the Code of Criminal Procedure before Family Court, Palakkad to modify/alter the maintenance awarded in the M.C contending that by Annexure A order passed by Sub Court, Palakkad in I.A.2911/2004 interim maintenance at the rate of Rs.1000/- to the mother and Rs.500/- to the child was ordered and considering the said liability maintenance of Rs.500/- each to the mother and the child are to be modified or altered. By Annexure A order the petition was dismissed, finding that Annexure B order was modified by this court in W.P (C)28194/2005 reducing maintenance pendente lite at the rate of Rs.750/- to the mother and Rs.500/- to the child and while passing the order directing petitioner to pay Rs.500/- each to the mother and the child,the modified order passed by this court was taken into consideration. This petition is filed to quash the said order. Crl.M.C.744/2008 2 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioner submitted that subsequently the suit has been disposed directing the petitioner to pay maintenance at the rate of Rs.1500/- to the mother and Rs.1000/- to the child and in view of the enhanced maintenance awarded, petitioner is entitled to get the maintenance awarded under section 125 of Code of Criminal Procedure modified under section 127(2) of Code of Criminal Procedure and with liberty to claim alteration or modification before the Family Court the petition may be disposed. In view of the changed circumstance, granting liberty to the petitioner to approach the Family Court to consider the question whether the maintenance awarded in M.C. 185/2006 is to be modified or altered under section 127(2), the petition is disposed. The amount if any deposited by the petitioner as directed by this court, shall be treated towards the maintenance payable in the M.C and adjusted. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006