The petitioner herein is the respondent in MC 1290/2010 of the Family Court, Tirur. It is a proceeding brought by the respondents herein under Section 125 Cr.P.C. The petitioner herein received notice in MC 1290/10, but he remained absent. The learned Trial Judge disposed of MC 1290/10 ex parte, directing the petitioner herein to pay maintenance to his wife at the rate of Rs.5,000/- per month. Later the petitioner made application to set aside the ex parte order. The learned Trial Judge allowed the application and set aside the ex parte order on condition that the petitioner shall pay interim maintenance to his wife at the rate of Rs.2,000/- per month till MC 1290/10 is finally decided on merits. Annexure P9 is copy of the said order, which is under challenge in this proceeding brought under Article 227 of the Constitution of India. 2. On hearing the learned counsel and on a perusal O.P. (Crl.) No.287 of 2014 2 of the impugned order I find no scope or reason to admit this original petition to files. It is only appropriate that the learned Trial Judge has directed him to pay maintenance to his wife reasonably as an interim arrangement, till the main proceeding is disposed of on merits. The learned counsel submits that the respondent, after divorce, has re-married. If that is true, the petitioner can of course approach the trial court itself for necessary modification in the impugned order. The said condition imposed by the court below can well be modified by the trial court itself, and if the allegation is true, the trial court can cancel the said order or modify the said condition, limiting payment of interim maintenance up to the date of such re-marriage. That is not a matter to be enquired in to or decided by this court under Article 227 of the Constitution of India. It is something to be decided in the pending proceeding itself by the trial court. Without prejudice to the right of the petitioner to make necessary application for appropriate modification in the impugned order this original petition O.P. (Crl.) No.287 of 2014 3 can be dismissed, without being admitted to files.
In the result this original petition is dismissed in limine without prejudice to the right of the petitioner to seek appropriate relief in the trial court itself, as indicated above.
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P.UBAID, JUDGE lmp //TRUE COPY// P.A. TO JUDGE