IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP(Family Court) No. 159 of 2007()
1. SAITHALAVI, REPRESENTED BY HIS POWER OF
... Petitioner
Vs
1. PATHUMMU, D/O ERANJIKKAL MADARI HAJI,
... Respondent
2. THASLEENA-MINOR-THROUGH HER MOTHER -
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :02/04/2007
O R D E R
K.R.UDAYABHANU, J
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R.P.(F.C.)No.159 of 2007
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Dated this the 2nd day of April, 2007
O R D E R
The revision petitioner is the counter petitioner in
M.C.No.104/06 which was disposed of exparte with respect to
the maintenance of the second petitioner child and ordered
to be paid Rs.2,500/- per month from the date of petition.
The revision petitioner who was working abroad in Jiddah in the
Middle East filed an application to set aside the ex-parte order
through his power of attorney holder. The court below
dismissed the same.
2. In the circumstances, I find that it is only proper to
permit the petitioner herein to adduce the evidence. The court
below is directed to dispose of the matter on merits. In the
circumstances, the order of the court below is set aside on
condition that the revision petitioner deposits the entire arrears
of maintenance at the rate of Rs.1,500/- per month within one
month from today onwards and continue to deposit at the above
rate. The court below shall on compliance of the above order
R.P.(FC)159/2007 Page numbers
take the matter into file and permit the parties to adduce any
further evidence if they so desire and dispose of the matter on
merits. The revision petitioner shall appear before the court
below on 24.4.2007.
The revision petition is disposed of as above.
K.R.UDAYABHANU,
JUDGE
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