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Judgment
Thomas P. Joseph, J.—Respondent in M.C. No. 21 of 2009 of Family Court, Kalpetta is the petitioner seeking a direction to that that Court. First respondent was the wife of petitioner. In M.C. No. 21 of 2009 first respondent sought maintenance for herself and her children. Family Court passed Annexure-A1, order on 15.12.2009 on the basis of a settlement between parties directing petitioner to pay maintenance at the rate of Rs. 1500/- per month to all the respondents together from the date of petition. According to the petitioner, subsequent to Annexure-A1, order first respondent has driven out her children who are now in the care and custody of petitioner. In the meantime, first respondent filed C.M.P (Exe). No. 1 of 2010 to execute Annexure-A1, order. Petitioner filed Annexure-A2, application u/s 127 of the Code of Criminal Procedure for modification of the order of maintenance on the ground that the children are now in the care and custody of petitioner. The relief sought in this proceeding is a direction to the learned Judge of the Family Court to dispose of Annexure-A2, application before executing Annexure-A1, order. That is a request that petitioner could and should make before learned Judge of the Family Court.
This criminal miscellaneous case is disposed of without prejudice to the right of petitioner to make such request before the Family Court. If any such request is made Family Court shall consider the same and pass appropriate orders.