IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 RPFC.No. 456 of 2007() ---------------------- AGAINST THE ORDER DATED 27/04/2005 IN CMP.217/2004 IN MC.364/2000 of Family Court, KOZHIKODE .................... : REVN. PETITIONER/RESPONDENT -------------------------------------------- ARETTACHALIL MOOSAKKUTTY, S/O. ABOOBACKER HAJI, THEYYAPPARA MALAYIL, POTTAN THONDA MALAPARAMBIL, KOODATHAYI AMSOM, PALOLUNNU DESOM, KOZHIKODE TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: PETITIONERS ------------------------ 1. MATHELCHALIL MARIYOMA, D/O. ABDULLA HAJI, KODUVALLY AMSOM, MANIPURAM DESOM, KOZHIKODE. 2. MUHAMMED RASHEED (MINOR), REPRESENTED BY MOTHER MARIYOMA, D/O. ABDULLA HAJI, KODUVALLY AMSOM, MANIPURAM DESOM, KOZHIKODE. BY ADV. SRI.S.K.BALACHANDRAN FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- R.P.F.C.No.456 of 2007 ---------------------------------------- Dated this the 10th day of July 2008 O R D E R The petitioner is aggrieved by an order passed under Section 127 Cr.P.C. That order was passed ex parte. Maintenance was earlier awarded to the claimants - the wife and child of the petitioner at the rate of Rs.300/- and Rs.200/- per mensum respectively as per order in M.C.No.364/2000. By ex parte order passed in the 127 application, maintenance amount was enhanced to Rs.2,000/- each per mensum. The petitioner was detained in prison for non-compliance of the directions for payment. It is at that stage that the petitioner came to this court. The impugned order was stayed on condition that the petitioner deposits an amount of Rs.35,000/-. That amount was paid. That amount has already been released to the claimants also. When this matter came up for final hearing, there was an agreement between the parties that the impugned order can be set aside and the learned Judge of the Family Court can be directed to dispose of the matter afresh. But the learned counsel for respondent submits that there may be a specific direction for the time bound disposal of the application under Section 127 R.P.F.C.No.456/08 2 Cr.P.C. The claimants' option to seek interim enhancement of maintenance may also be reserved, it is submitted. 2. I have considered all the relevant inputs. I am satisfied that this R.P.F.C in these circumstances can be allowed as agreed subject of course to appropriate conditions. 3. In the result, a) this revision petition is allowed. b) The ex parte order dated 27/4/2005 in C.M.P.No.217/04 in M.C.No.364/2000 passed by the Family Court, Kozhikode is set aside. The learned Judge of the Family Court shall dispose of the said petition afresh as expeditiously as possible at any rate within a period of three months from 28/7/2008. 4. Both parties shall appear before the Family Court on 28/7/2008 to continue the proceedings without waiting for any further orders from this court. Needless to say, claimants' right to claim interim enhancement of maintenance shall remain unfettered. (R.BASANT, JUDGE) jsr R.P.F.C.No.456/08 3 R.P.F.C.No.456/08 4 R.BASANT, J R.P.F.C.No. ORDER 11/02/2008