IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27131 of 2009(R)
1. S/O.MOIDEEN PATHIYIL HOUSE,
... Petitioner
Vs
1. SAHIRA PUNGADAN HOUSE,
... Respondent
2. SHAMNA SHERI(MINOR),
For Petitioner :SRI.PRAVEEN K. JOY
For Respondent :SRI.K.P.SUDHEER
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :16/12/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P.(C)No.27131 OF 2009 R
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DATED THIS THE 16th DAY OF DECEMBER, 2009
J U D G M E N T
Basant, J.
Petitioner and the 1st respondent are spouses. The 2nd
respondent is a minor child born in the wedlock. Respondents had
staked claims for maintenance – past and future. Future
maintenance was claimed under Section 125 Cr.P.C. The petitioner
was set ex parte and ex parte orders were passed directing
payment of maintenance, both in the O.P.(past maintenance) and in
the M.C.(future maintenance under Section 125 Cr.P.C.). The
petitioner filed applications to get the ex parte order set aside.
Those petitions were filed along with applications for condonation of
the long delay of 464 days. The court below dismissed the said
petitions by the impugned order, copy of which is produced as
Exhibit P10. Petitioner claims to be aggrieved by the impugned
order.
2. We have heard both counsel. We are satisfied that the
matter can now be disposed of as agreed by both counsel. In view
of the agreement, we are not going into the question as to why a
Mat.Appeal and R.P.(FC) are not filed and a W.P.(C) is filed to
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challenge the impugned common order. In the light of the
submission that there is still a chance of harmonious re-union of the
parties, we are not going into that technical question and are
accepting the submissions of the counsel.
In the result:
(a) this Writ Petition is allowed subject to conditions.
(b) this Writ Petition shall stand allowed and Exhibit P10
order shall stand set aside on the following terms and
conditions.
(i) The petitioner shall deposit before the
Family Court or pay to the respondents, the
entire amount due as per the order in
M.C.No.849/2007 till 31.1.2010 (less
amounts if any paid already) on or before
01.02.2010. If the amount is deposited, the
same shall forthwith be released to the
respondents. The impugned direction to pay
maintenance shall continue to remain in
force as an interim direction for payment of
maintenance till the disposal of the M.C.
(ii) The petitioner shall furnish security for the
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entire amount due under the impugned ex
parte order in O.P.No.794/2007 to the
satisfaction of the Family Court on or before
31.1.2010.
(iii) If the amounts are deposited and security is
furnished as directed above, the impugned
order shall stand set aside and the Family
Court shall dispose of O.P.No.794/2007 and
M.C.No.849/07 afresh in accordance with law
after giving the parties opportunity to
adduce evidence.
(iv) Parties shall appear before the Family Court
on 01.02.2010. If payments are not made
and security is not furnished as directed
above, the Family Court shall record that fact
and in that event the impugned ex parte
order shall continue to remain in force.
R.BASANT, JUDGE.
M.C.HARI RANI, JUDGE.
W.P.(C)No.27131/09 -4-
dsn