RAJESH R. NAIR Vs. MEERA BABU

JUDGEMENT

(1.) This original petition is filed with the prayers for quashing Ext. P-11 order passed by the Family Court, Thiruvananthapuram, on I.A. Nos. 271 of 2012 and 477 of 2012 in Ext. P-1 M.C. No. 123 of 2012 on the files of that Court and for quashing Ext. P-1. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

(2.) The brief facts necessary for disposal of this original petition are as follows: The petitioner is the husband of the respondent. Their marriage was on 24-11-2005. A son was born to them. Differences and disputes have been developed between them after their marriage. They have been living separately since 24-7-2009. The respondent filed O.P. No. 813 of 2010 against the petitioner claiming maintenance for her and for their son, return of money etc. before the Family Court, Thiruvananthapuram. The respondent also filed O.P. (G&W) No. 238 of 2010 before that court for appointing her as the guardian of the minor son. The petitioner filed O.P. No. 217 of 2011 against the respondent for restitution of conjugal rights. While so, all the pending disputes between them have been settled by Ext. P-4 agreement executed by them on mediation. Accordingly, joint compromise petitions have been filed before the Family Court in O.P. No. 813 of 2010 and in O.P. No. 238 of 2010. Both the cases have been disposed of by the Family Court in terms of the compromise. O.P. No. 217 of 2011 has also been dismissed as not pressed. In Ext. P-4 agreement between the parties, the respondent has agreed to forgo her right to claim maintenance against the petitioner on condition that the petitioner shall pay an amount of Rs.

(3.) The respondent, thereafter, has filed M.C. No. 123 of 2012 under Section 125 of Cr.P.C. before the Family Court claiming a monthly maintenance of Rs.