High Court Kerala High Court

Abdul Hameed C.K. vs Sarabeegam on 8 July, 2008

Kerala High Court
Abdul Hameed C.K. vs Sarabeegam on 8 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 133 of 2008()


1. ABDUL HAMEED C.K., AGED 45 YEARS,
                      ...  Petitioner

                        Vs



1. SARABEEGAM, AGED 40 YEARS,
                       ...       Respondent

2. RAMSEELA,

                For Petitioner  :SRI.P.V.KUNHIKRISHNAN

                For Respondent  :SRI.K.P.SUDHEER

The Hon'ble MR. Justice R.BASANT

 Dated :08/07/2008

 O R D E R
                           R. BASANT, J.
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                  R.P.F.C.No. 133 of 2008
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               Dated this the 8th day of July, 2008

                              O R D E R

The challenge in this revision petition is against an ex parte

order passed under Section 125 Cr.P.C. obliging the petitioner to

pay an amount of Rs.2,500/- and Rs.2,000/- p.m. respectively to

the claimants, his wife and child. As directed by the court an

amount of Rs.25,000/- has by now been deposited before the

court below and the same has already been directed to be released

to the claimants.

2. After discussions at the Bar, it is agreed that the

impugned order can be set aside and the learned Judge of the

Family Court can be directed to dispose of M.C. 414 of 2007

afresh in accordance with law.

3. Accepting the same, this R.P.F.C. is allowed. The

impugned order is set aside. The learned Judge of the Family

Court is directed to dispose of M.C. 414 of 2007 afresh in

accordance with law, as expeditiously as possible. Both parties

R.P.F.C.No. 133 of 2008
2

shall appear before the learned Judge on 4.8.2008 to continue the

proceedings.

4. It is submitted that interim order for payment for payment of

maintenance has been passed by the learned Judge. The amount

deposited so far shall be credited towards the arrears of interim

maintenance due. Appropriate steps can be taken for recovery of the

arrears of interim maintenance, if any.

(R. BASANT)
Judge
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