IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 RPFC.No. 370 of 2009() ---------------------- AGAINST THE ORDER IN O.P.NO.679/2005 MC 72/2006 OF FAMILY COURT, KOZHIKODE .................... PETITIONER/PETITIONER ------------------------------------------ A.ANILKUMAR, S/O.GOVINDAN, BUSINESS, GOVIND, 32/902.A, CHELAVOOR P.O.,CHELAVOOR AMSOM, DESOM, KOZHIKODE. BY ADV. SRI.SAJU.S.A RESPONDENTS:RESPONDENTS --------------- 1. SMITHA, D/O.NANU, ANUGRAHA, HOUSE NO. 2/747, PUTHUKULANGARA PARAMBU, KACHERI AMSOM DESOM, KOZHIKODE TALUK. 2. AVANTHIKA, D/O.SMITHA,(MINOR), REPRESENTED BY GARDIAN MOTHER -DO-. 3. ARUNTHADI, D/O.SMITHA (MINOR), REPRESENTED BY GARDIAN MOTHER -DO-. THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ R.P.F.C No.370 of 2009 ------------------------------------- Dated this the 9th day of October, 2009 ORDER BASANT, J. Heard. Admitted. Both counsel submit that the parties have settled all their outstanding disputes and that a joint agreement of compromise has been filed in Mat.Appeal No.302 of 2008. That agreement is duly signed by the rival contestants and counter signed by their counsel. The counsel submit that all outstanding disputes have been settled and, in these circumstances, the impugned order, in so far as it relates to the wife, may be set aside and maintenance may be awarded under Section 125 Cr.P.C to both the minor children @ Rs.1,500/- per mensem each. 2. We accept the joint request made by the counsel. We are satisfied that the revision petition can be allowed in terms of the compromise. 3. In the result: a) This R.P.F.C is allowed; b) The impugned order is modified. The direction for payment of maintenance to the claimant/wife is set aside as agreed; R.P.F.C No.370 of 2009 2 c) As agreed by both sides, it is directed under Section 125 Cr.P.C that the revision petitioner herein shall pay maintenance to his minor children Avanthika and Arunthathi @ Rs.1,500/- (Rupees One thousand five hundred only) per mensem each from this date. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-