The petitioner herein has already obtained a maintenance order for her children under Section 125 Cr.P.C., from the Family Court, Palakkad in M.C.No.458/2009. Dissatisfied with the amount awarded by the trial court, the petitioner and the children preferred revision before this Court as RP(FC) No.263/2011. The said revision is still pending. Pending the proceeding, the petitioner made application under Section 127 Cr.P.C. for enhancement in the amount of maintenance, on the ground of change in circumstance. The said application is pending as M.C.No. 57/2014 before the trial court. The petitioner now seeks orders from this Court under Article 227 of the Constitution of India directing early disposal of M.C.No.57/2014. She apprehends that pendency of revision brought by her against the maintenance order under Section 125 Cr.P.C. may stand in the way of proceedings brought under Section 127 Cr.P.C. In fact, she cannot have any such apprehension because the proceeding O.P.(Crl) No.221 of 2014 2 subsequently brought under Section 127 Cr.P.C. will have to proceed independently. If at all decision is taken in her favour in the revision brought by her, the enhancement made in revision will have force and effected only till the date on which modification is made under Section 127 Cr.P.C. Decision in the revision will not, in any manner, affect the proceeding brought under Section 127 Cr.P.C., and any orders passed by the trial court under Section 127 Cr.P.C. will not, in any manner, affect the pending revision also. The two proceeding will have to proceed independently. However a direction can be made to the court below to dispose of the claim under Section 127 Cr.P.C. at the earliest. This Court does not find the necessity of any direction for a time bound disposal in the particular circumstance. In the result, this original petition is closed, with direction to the court below that efforts shall be made to dispose of M.C. No. 57/2014 at the earliest.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE