IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 RPFC.No. 69 of 2011() --------------------- MC.62/2005 OF FAMILY COURT, THIRUVANANTHAPURAM .................... REVISION PETITIONER/RESPONDENT: ------------------------------------------------------- ANIL RAJ, S/O.SADANANDAN, ANIL VIHAR, VP 17/369, TEMPLE LANE, INDIRA NAGAR, PEROORKADA, THIRUVANANTHAPURAM-695 005. BY ADV. SRI.M.DINESH RESPONDENT/PETITIONER: ---------------------------------------- SUJA. J., D/O.VIGNESWARAN, REJI MANDIRAM, KERALADITHYAPURAM, POWDIKONAM P.O., THIRUVANANTHAPURAM-695 587. BY ADVS. SRI.L.MOHANAN SMT.LIGEY ANTONY THIS REV.PETITION (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AMG S.S.SATHEESACHANDRAN, J -------------------------------------- R.P(F.C) No.69 OF 2011 ----------------------------------------- Dated this the 31st day of October 2011 ORDER The revision is filed by the respondent in a proceeding under Section 125 of the Code of Criminal Procedure. Maintenance awarded to the claimant in such proceedings, whose status as his wife was disputed by the opposite party/revision petitioner. The learned counsel for the revision petitioner/opposite party in the proceedings would submit that challenge against the order of maintenance among others was based on an exparte decree granted by the Family Court upholding his case that the marriage between the parties is a nullity. However, on an application moved by the claimant that exparte decree has now been set aside and as at present an application for reviewing that order at his instance is pending consideration before the Family Court. In the light of the aforesaid circumstance, counsel submits that reserving his right to seek for modification/cancellation of the order of maintenance awarded in favour of the claimant, as under Section 127 of the Code of Criminal Procedure, the revision may be disposed of. Respondent has no objection in disposing the revision reserving the R.P(F.C) No.69 OF 2011 2 right of the petitioner to seek for alteration as indicated, if so entitled to. Revision is dismissed reserving the right of the petitioner, if any, to move for appropriate relief as under Section 127 of the Code of Criminal Procedure. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge