IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 RPFC.No. 202 of 2011() --------------------------- AGAINST THE ORDER DATED 16/09/2011 IN MP.1086/10 IN MC.288/2010 of FAMILY COURT, THRISSUR .................... PETITIONER/RESPONDENT -------------------------------- RAMACHANDRAN, AGED 39 YEARS, S/O.GANGADHARAN NAIR, KARAKKATTU HOUSE, PARAPPOOKKARA VILLAGE, P.O.PUDUKKAD, THRISSUR DISTRICT. BY ADVS. SRI.K.B.MOHANDAS SRI.LELLU LAL T.G. RESPONDENT(S): PETITIONERS ------------------------------------- 1. GANGADHARAN NAIR, AGED 70 YEARS, S/O.RAMAN NAIR, KARAKKATTU HOUSE, PAZHANJI DESOM, NENMANIKKARA VILLAGE, MUKUNDAPURAM TALUK-691585. 2. SARADA, AGED 65 YEARS, W/O.GANGADHARAN NAIR, KARAKKATTU HOUSE, PAZHANJI DESOM, NENMANIKKARA VILLAGE, MUKUNDAPURAM TALUK-691585. BY ADV. SRI.DILIP J. AKKARA THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs RPFC. NO. 202/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-1:COPY OF ORDER DATED 16.9.2011 IN M.P.1086/2011 IN M.C.288/2010 OF FAMILY COURT, THRISSUR. ANNEXURE-2:COPY OF M.C.288/2010 OF THE FAMILY COURT, THRISSUR,DTD.5.6.2010. ANNEXURE-3:COPY OF M.P.1086/10 IN M.C.288/2010 OF FAMILY COURT, THRISSUR. ANNEXURE-4:COPY OF THE DISABILITY CUM LOSS OF EARNING CAPACITY CERTIFICATE DATED 16.11.2010 ISSUED BY DR.JACOB P.J., ASST.PROFESSOR IN ORTHOPEDIC DEPARTMENT, MEDICAL COLLEGE HOSPITAL, THRISSUR. ANNEXURE-5:COPY OF THE PASSBOOK OF THALORE SERVICE CO- OPERATIVE BANK IN RESPECT OF ACCOUNT NO.16546. ANNEXURE-6:COPY OF REPAYMENT SCHEDULE FOR THE AUTO PURCHASES IN THE NAME OF THE PETITIONER'S WIFE SABITHA. ANNEXURE-7:COPY OF THE COUNTER AND LIST OF DOCUMENTS FILED IN ANSWER TO ANNEXURE 3 DATED 4.3.2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs S.S.SATHEESACHANDRAN, J. ----------------------------------------------- R.P.(F.C)No.202 of 2011 ----------------------------------------------- Dated this the 7th day of December, 2011 O R D E R Challenge in the revision is against an order of interim maintenance granted to the claimants in a proceeding under Section 125 of the Code of Criminal Procedure {for short “the Code”} by the Judge, Family Court, Thrissur. The claimants are the parents of the respondent in the proceedings. Pending the revision, the court below referred the matter to the Adalat in which on the basis of settlement arrived at an award has been passed, and, as such there is cessation of the court proceedings over the claim of maintenance canvassed for, is the submission of the counsel for the revision petitioner informing that the challenge in the revision against the order granting interim maintenance has become infructuous. The award was obtained by fraud and mis-representation and the R.P.(F.C)No.202 of 2011 :: 2 :: respondents in the revision have already taken steps to set aside such award, is the submission of the counsel appearing for them. In the present revision, this court cannot go into the questions as regards the vires of the award passed, which necessarily has to be adjudicated in proper proceedings, if any challenge thereof is made. But, since it is reported that an award has been passed in the MC case pending before the magistrate and the entire proceedings thereof have been terminated with the passing of award, I find nothing survives for consideration in this revision. Needless to say that the respondents are at liberty to take up whatever challenge they have against the award, as available to them under law. Revision is disposed of. Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/- //true copy// P.S. to Judge.