Babu Mathew P. Joseph, J.

1. This original petition is filed with the prayers for quashing Ext.P11 order passed by the Family Court, Thiruvananthapuram, on I.A. Nos. 271 of 2012 and 477 of 2012 in Ext.P1 M.C. No.123 of 2012 on the files of that Court and for quashing Ext.P1.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

3. 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.P4 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.P4 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.1,50,000/-to her in full and final settlement of all her claims. The petitioner has agreed to pay Rs.12,000/-as monthly maintenance to the child. Terms regarding custody of child have been incorporated in the agreement. Terms have also been incorporated in respect of a car, ornaments and other belongings. It was further decided by the parties to mutually divorce their marriage through appropriate petition. On the basis of the settlement so arrived at between the parties, they have filed joint petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act. That petition for divorce came to be dismissed on 19.3.2012 for default. It appears from Ext.P9 B Diary that the respondent consecutively remained absent when the petition for divorce was taken up by the Family Court. Both the parties were absent on 19.3.2012.

4. 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.75000/-from the petitioner. Ext.P1 is a copy of the same. Along with Ext.P1, the respondent has also filed I.A.No.271 of 2012 claiming Rs.75,000/-as monthly interim maintenance from the petitioner. Ext.P2 is a copy of that application. The petitioner has filed his objections in I.A.No.271 of 2012 raising his contention that the claim is not maintainable in the light of Ext.P4 agreement entered into between the parties as the parties have already settled all monetary and other disputes between them and the respondent has waived her right to claim maintenance and also raising other contentions. The petitioner has also filed I.A.No.477 of 2012 for considering the maintainability of M.C.No. 123 of 2012 as a preliminary issue. Ext.P10 is a copy of that application. The Family Court heard both the I.As. 271 of 2012 and 477 of 2012 together and disposed of them by passing a common order. Ext.P11 is a copy of that order. Learned Judge of the Family Court dismissed I.A.No.477 of 2012 holding that M.C.No.123 of 2012 is maintainable. Also passed an order on I.A.No.271 of 2012 directing the petitioner to pay an interim maintenance of Rs.15,000/- per month to the respondent. Aggrieved by the order so passed by the Family Court, the petitioner has preferred this original petition.

5. Learned counsel