IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 RPFC.No. 81 of 2009() ------------------------------ MC.78/2007 OF FAMILY COURT, KOZHIKODE .................... REVISION PETITIONER/RESPONDENT ------------------------------------------------------ SAJILESH.P.,S/O.AANDIKUTTY,AGED 30 YEARS PUTHIYEDATH,CHETTIYAMVAYAL VEEDE, NEAR KANAKALAYA BANK, P.WEST HILL P.O., KOZHIKODE.(NADAKKAVU POLICE STATION LIMIT). BY ADV. MR.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/PETITIONERS -------------------------------------------- 1. JISHILA. K., D/O.BHASKARAN, AGED 23 YEARS,KOLANGARA VEEDE, OLAVANNA AMSOM, DESOM, P.O.OLAVANNA,KOZHIKODE. 2. ARYAMITHRA, D/O.SAJILESH, AGED 2 ½ YEARS (MINOR), 2ND RESPONDENT, REP.BY MOTHER, AS GUARDIAN-IST RESPONDENT (NALLALAM P.S.LIMIT) BY THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 03/03/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RPFC.No. 81 of 2009 ORDER ON CRL.MA.2387/2009 IN RP(FC).81/2009 DISMISSED 03/03/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = R.P(F.C.) NO. 81 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of March, 2009. O R D E R This revision is preferred against the order of maintenance passed by the Family Court, Kozhikode in M.C.78/07. The Court found that the wife and children are living separately for reasonable cause and therefore husband is bound to give maintenance at the rate of Rs.1,000/- for the first petitioner and Rs.500/- to the 2nd petitioner. This case was disposed of on 16.4.2008. The very same Court has passed an order in O.P.38/07 on 19.4.2007 whereby it is granted a decree for restitution of conjugal rights. A decree for restitution of conjugal rights presupposes there was no valid reason for the wife to stay away from the husband. So there are two inconsistent judgments before the Court. Therefore I set aside the order passed by the Family Court Judge in M.C.78/07 and consider the matter afresh and the petitioner herein is directed to produce the order of restitution of conjugal rights. Since I am disposing of the R.P(F.C.) NO. 81 OF 2009 -:2:- case at the admission stage itself the petitioner on appearance before the Court below shall take out notice to the respondents herein who are petitioners before the said Court. The petitioner is directed to appear before the Family Court, Kozhikode on 31.3.2009. The R.P.(F.C) is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-