IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 RPFC.No. 374 of 2009() ------------------------------- AGAINST THE ORDER DATED 02/07/2009 IN IA 2229/2008 IN OP.415/2008 OF FAMILY COURT, PALAKKAD .................... REVISION PETITIONER: --------------------------------- M.P. AKASH RADHAKRISHNAN, S/O.M.R. PADMANABHAN NO. 5 A, RANGAPPAGOUNDAR LAY OUR, SELVAPURAM, COIMBATORE-26 BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- 1. G. SMITHA, D/O. N. GOVINDARAJAN, PRASANTHI, VASUDEVANAGAR, ROBINSON ROAD, PALAKKAD -01. 2. M.S. VIKRAM, (MINOR), S/O. G.SMITHA PRASANTHI, VASUDEVANAGAR, ROBINSON ROAD, PALAKKAD -01. ADV. SMT.SUMATHI DANDAPANI APPEARED FOR ADV. SRI.MILLU DANDAPANI FOR R1&2 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------------------- R.P.F.C. NO. 374 OF 2009 ------------------------------------------ Dated this the 18th day of March, 2010. J U D G M E N T This revision is preferred against the order of the Family Court in I.A.No.2229 of 2008 in O.P.No.415 of 2008. The original application itself is one for maintenance pendende lite filed u/S.24 of the Hindu Marriage Act. The revision is preferred u/S.19(4) of the Family Courts Act. S.19(4) of the Family Courts Act gives the power to the High Court to entertain a revision passed under Chapter IX of the Criminal Procedure Code. This order is not passed under Chapter IX of the Criminal Procedure Code but under the provisions of the Hindu Marriage Act which comes within the Civil Jurisdiction in the Family Court. So a revision filed u/S.19(4) will not lie and therefore, I close this revision petition for the reasons stated with liberty to the petitioner herein to move before the appropriate Forum and for appropriate relief. Since by a bonafide mistake as it has been filed herein, when the question condonation of delay if any arises for consideration that may be viewed sympathetically. The amount which is in deposit shall be disbursed to the petitioners in the Interim application. M.N. KRISHNAN, JUDGE. pm