IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 RPFC.No. 193 of 2011() ---------------------- MC.458/2010 OF FAMILY COURT, KOHIKODE .................... REVISION PETITIONER/RESPONDENT -------------------------------------------------- SAFRAS ALI,AGED 34 YEARS, S/O.C.V.ALI,KUTTIPUNATHIL HOUSE, CHELANNUR PO,KOZHIKODE. BY ADVS. SRI.ANIL THOMAS(T) SMT.K.V.RESHMI RESPONDENTS/ PETITIONER & STATE ------------------------------------------------------- 1. NASEERA,AGED 24 YEARS, D/O.MUHAMMED KOYA,MEENPIDITHAZHAM, MORIKKARA,CHELANNUR PO,KOZHIKODE,PIN 673 616. 2. THE STATE OF KERALA,REP.BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS REV.PETITION (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 07/09/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK S.S.SATHEESACHANDRAN, J -------------------------------------- R.P(F.C) No.193 OF 2011 ----------------------------------------- Dated this the 7th day of September 2011 ORDER Revision is by the husband in a proceeding under Section 125 of the Code of Criminal Procedure. Challenge is against the exparte order passed against him by the learned Judge, Family Court, Kozhikode directing him to pay a sum of Rs.1,500/- per month to the respondent, who is admittedly his wife. The learned counsel submits that after entertaining the revision an opportunity be provided for mediation to effect settlement by referring the matter to the mediation center. 2. I am not impressed by the submission made by the counsel. The exparte order passed by the court below is as good as an order passed on merits. That order is seen passed on 23-06-2011. If the petitioner has any grievance against that exparte order, the Code of Criminal Procedure provides a remedy for setting it aside, if there is sufficient cause, and then to have a decision on merits. In case any such proceeding is taken, it is open to the petitioner to pursue mediation also to have a settlement, which is canvassed for entertaining the revision. Reserving the right of the petitioner to take appropriate proceedings as provided by the Code, revision is dismissed. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to judge