IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 RPFC.No. 34 of 2008() --------------------- MC.132/2007 of FAMILY COURT, KASARAGOD .................... REVISION PETITIONER /RESPONDENT : ----------------- ABBAS M., AGED 33 YEARS, S/O.PALAD MUHAMMED, VANIYAMPARA HOUSE NEAR HIRA MASJID, PO MANIKOTH AJANUR VILLGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENTS: ------------- 1. UMAIBAN V.V., AGED 27 YEARS, D/O.LAE T.M.MOIDU HAJI RESIDING AT V.V.HOUSE, THOTTY, PO PALLIKKARA, PALLIKKARA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. FATHIMATH LUBNA AGED 6 YEARS D/O.UMAIBAN, REPRESENTED BY HER MOTHER 1ST PETITIONER. BY PUBLIC PROSECUTOR ADV.SRI.GIKKU JACOB THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` R.P.F.C. No. 34 OF 2008 ```````````````````````````````````````````````````` Dated this the 8th day of February, 2008 O R D E R This revision is directed against an ex-parte direction under section 125 Cr.P.C. to pay maintenance to the claimants - wife and daughter of the petitioner, at the rate of Rs.3,000/- and Rs.1,000/- respectively from the date of the order. 2. The impugned order is an ex-parte order. The petitioner has the right under law to get the ex-parte order set aside on showing sufficient cause before the Family Court. In this revision petition, the petitioner can assail the order on the basis of the materials available only. The learned counsel for the revision petitioner, after discussions of the Bar, only prays that the petitioner may be permitted to withdraw this revision petition without prejudice to his right to move the Family Court to get the ex-parte order set aside. It may be clarified that the RPFC.34/08 : 2 : withdrawal of the revision petition will not fetter his rights to apply the ex-parte order set aside, submits the learned counsel for the revision petitioner. 3. I am satisfied that the request of the petitioner can be accepted. This revision petition is, in these circumstances, dismissed as withdrawn. Needless to say, the dismissal of this revision petition will not in any way fetter the rights of the petitioner to move the Family Court to get the ex-parte order set aside subject, of course, to the law of limitation. 4. Return the copy of the impugned order produced along with this revision petition to the learned counsel for the revision petitioner forthwith. (R.BASANT, JUDGE) aks