IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 RPFC.No. 117 of 2004() --------------------------------- MC.139/2001 of THE FAMILY COURT, KOTTAYAM. .................... REVISION PETITIONER (S)/ PETITIONER; --------------------------------------- NANCY BIJU, W/O. BIJU JOSEPH, VALLANATTU HOUSE, PAIGANA, MUNDAKAYAM, NOW RESIDING AT C/O. O.M.MATHEW, OLIKKAL HOUSE, NEAR OLD TELEPHONE EXCHANGE, KOOTTICKAL, MUNDAKAYAM. BY ADV. MR.BABU CHERUKARA RESPONDENT(S): RESPONDENT; -------------------------- BIJU JOSEPH, S/O. V.E.JOSEPH, VALLANATTU HOUSE, PAIGANA, MUNDAKKAYAM. ADV. MR.BEPIN VIJAYAN THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 117 OF 2004 = = = = = = = = = = = = = = = Dated this the 4th day of January, 2010. J U D G M E N T This is an appeal preferred against the order of Family Court, Ettumanoor in M.C.139/01. The wife moved an application for maintenance and the Court has granted an order for Rs.1,000/- per men sum from 27.9.2001. The husband took the contention that the wife was suffering from Paranoid Schizophrenia but it was negatived by the Court below and maintenance was ordered. For the enhancement of that amount the present revision is filed. But it has to be stated that the very same wife moved an application u/s 127 Cr.P.C. for enhancement of the maintenance and the Court below has ordered it and raised it to Rs.2000/- in 2008. it means that she had submitted to the jurisdiction and correctness of the order passed in this revision petition and that is why she had sought for an enhancement under the R.P.(F.C.) NO. 117 OF 2004 -:2:- change of circumstances u/s 127 Cr.P.C. Therefore it may not be proper for this Court at this stage to entertain the revision petition and on that basis this revision is closed. It is made clear that it will not cause any prejudice to the petitioner from time to time for claiming enhanced maintenance if she satisfies the conditions u/s 127 Cr.P.C. R.P.(F.C.) is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-