The common petitioner in both the writ petition as well as the revision petition is the son of the common respondent-Thomas. The said respondent is the 78 year old father of the petitioner. In the year 2004 he filed M.C. No. 349/2004 against the revision petitioner seeking maintenance under Section 125 Cr.P.C at the rate of Rs.5000/- per month. On 01.03.2005 the Family Court passed an interim order (produced as Ext.P2 in the Writ Petition) directing the revision petitioner to pay interim maintenance at the rate of Rs.300/-. Subsequently, the Family Court passed the final order on 26.02.2007 awarding maintenance at the rate of Rs.1000/- per month from the date of petition after striking off the defence of the revision petitioner/respondent for the reason that he failed to pay the interim maintenance ordered on 01.03.2005. The writ petition is directed against the order dated 01.03.2005 awarding interim maintenance. The Crl. R.P is filed challenging the final order for maintenance.

2. There is no dispute that the respondent/father had not filed any written application for interim maintenance either along with or subsequent to the filing of the M.C which is the application