IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 RPFC.No. 27 of 2005() ---------------------------- MC.102/2004 of THE FAMILY COURT KOZHIKODE .................... REVISION PETITIONER/RESPONDENT: ------------------------------------------------------ MUHAMMED HANEEFA, 40 YEARS, S/O.BEERAN FATHIMA, THADAYIL HOUSE, ALUMTHARA P.O., NEELESWARAM, KOZHIKODE TALUK. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): PETITIONERS: ----------------------------------------------- SALMATH, 21 YEARS, D/O.MOIDEEN PATHUMMA, RESIDING AT EDAVANAPOYIL ALUMTHARA, P.O.PUTHOOR, KOZHIKODE TALUK. (2ND AND 3RD PETITIONERS IN THE MC ARE NOT MADE PARTIES HEREIN AS THEY ARE RESIDING WITH THE PETITIONER AND LOOKED AFTER BY HIM) ADV. SRI.P.M.MOHAMED ALI FOR R1 SRI.AYPE JOSEPH FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 09/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN,J. ====================== R.P.(FC).No.27 OF 2005 ====================== Dated this the 9th day of March 2010. O R D E R This revision is preferred against the order of Family Court, Kozhikode in M.C.No. 102/2004. The revision petitioner is the husband, against whom order of maintenance is passed by the Family Court, directing him to pay maintenance at the rate of Rs.2,000/- per month to the three petitioners. It was an ex-parte order. I am informed by learned counsel for the revision petitioner that the wife has obtained the reliefs under the Muslim Women (Protection of Rights on Divorce) Act of 1986 and it is also stated that the parties are likely to settle the matter or had settle the matter. Since it is the ex-parte order, it is desirable that an opportunity is given to put forth contentions and to dispose of the matter in accordance with law. 2. Therefore order under challenge is set aside and R.P.(FC).No.27 OF 2005 2 matter is remitted back to the Family Court, Kozhikode with a direction to permit the parties to adduce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter, in accordance with law. Needless to say that the parties are perfectly at liberty to settle the matter or report settlement. They are directed to appear before the Family Court on 19.4.2010. M.N.KRISHNAN,JUDGE. mns