JUDGMENT

This is an application filed by the petitioner challenging the interim order of maintenance passed by the court below in M.P.No.416/2014 in M.C.No.138/2014 under Article 226 of the Constitution of India.

2. It is alleged in the petition that the 1st respondent is the divorced wife of the petitioner and the 2nd respondent is the child born to them. Earlier, there were several proceedings between the petitioner and the 1st respondent including application for maintenance and that was compromised between the parties and Ext.P4 compromise decree was passed on the basis of a mediation agreement entered into between the parties in respect of those cases. Thereafter, the marriage between them was dissolved by filing a joint petition for divorce on mutual consent as O.P.No.65/2013 before the Family Court, Ernakulam. As per the agreement, according to the petitioner, all the claims between the parties have been settled and it is on the basis of that, all the cases were withdrawn and a joint petition for divorce was filed. Suppressing this fact, petitioner filed Ext.P1 M.C.No.138/2014 claiming maintenance for the respondents under Section 125 of Code of Criminal Procedure and also f