AIR 2007 KERALA 81 ::2007 (2) AJHAR (NOC) 656 (KER.) = AIR 2007 KERALA 81 FULL BENCH ::2007 A I H C 1552 ::(2007) 2 MarriLJ 486 ::(2007) 3 JCR 480 (KER) ::(2006) 4 Ker LT 219 ::(2006) 48 AllIndCas 506 (KER) ::2006 (48) AllIndCas 506 ::(2006) ILR(ker) 4 KER 157

Kerala High Court

Hon'ble Judge(s): V. K. Bali, Kurian Joseph, K. Balakrishnan Nair , JJJ

(A) Family Courts Act (66 of 1985) S. 7 (2)(a) — Civil P C (5 of 1908), O 9, R 4 — Maintenance — Petition for enhancement of maintenance dismissed for default — Restoration petition u/O 9, R 4 Civil P C is not maintainable — Reason being while exercising powers u/S 7(2)(a) and entertaining maintenance petition u/S 125 Criminal P C Family Court cannot be deemed or treated as civil Court — Proceedings for maintenance before the Family Court u/S 7(2)(a) is criminal in nature 2004 Cri LJ 1000 (Ker), Overruled 1997 Cri LJ 4306 (Ker) (FB), Rel on (Para 3)

(B) Land Acquisition Act (1 of 1984) S. 54 — Kerala Court Fees and Suits Valuation Act (10 of 1960), S 51— Appeal under — Court fee is liable to be paid on an ad valorem basis on compensation amount claimed in appeal AIR 1979 Ker 40 (FB), Rel on (Para 4)

(C) Constitution of India Art. 141 — Kerala High Court Act (5 of 1959), Ss 3, 4 — Precedents — Single Judge u/S 3 cannot refer case to Full Bench — Reference is competent to DB — Power to refer to FB is expressly reserved to Bench of 2 Judges u/S 4 of Act — Merely because a single Judge/Division Bench entertains another view or merely because another view is possible, the judgment shall not be distinguished Words of Phrases — Word ‘adjourn’, ‘refer’ {" Under S. 3 of Kerala High Court Act single Judge may adjourn a case for being heard and determined by a Bench of two Judges. But single Judge has no power to refer a case to the Full Bench and that power is expressly reserved to a Bench of two Judges u/S. 4 of the Act. Only in limited circumstances and that too stating the reasons thereof, a reference is competent to the Division Bench. Except in such a situation, a single Bench is normally bound by the decision of another single Bench and definitely bound by the Division Bench and Larger Bench decisions of the same Court. Merely because a single Judge/Division Bench entertains another view or merely because another view is possible, the judgment shall not be distinguished. If the situation is so compelling, a reference for reasons and coining the question to be decided in reference can be made. It may be fruitful to note that the reference Court is free to answer the question and send back the case for appropriate ord....