IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP(Family Court) No. 98 of 2006()
1. B.KUNHIRAMAN, AGED 68 YEARS,
... Petitioner
Vs
1. VELLACHI, AGED 61 YEARS,
... Respondent
For Petitioner :SRI.T.K.VIPINDAS
For Respondent :SRI.M.THAMBAN
The Hon'ble MR. Justice R.BASANT
Dated :12/07/2006
O R D E R
R. BASANT, J.
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R.P.(F.C).No. 98 of 2006
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Dated this the 12th day of July, 2006
O R D E R
This revision petition is directed against an order passed by the
Family Court directing the petitioner under Section 125 Cr.P.C. to
pay maintenance at the rate of Rs.2,500/- p.m. to the respondent, his
wife. The claimant/wife is aged 61 years. The court below had
directed payment of maintenance at the rate of Rs.2,500/- There was
only the evidence of the claimant. The respondent, though he entered
appearance and contested the proceedings, was not present after cross
examining PW1 to tender evidence on his side. It is in these
circumstances that the learned Judge proceeded to pass the impugned
order directing payment of maintenance at the rate of Rs.2,500/- p.m.
Application to set aside the ex parte order was also dismissed.
2. After hearing both counsel, I am satisfied that the interests
of justice will be served ideally by directing the petitioner to pay
amounts as price for a further opportunity to contest the proceedings.
R.P.(F.C).No. 98 of 2006 2
In the facts and circumstances I find that to be the best course to advance
the interests of justice.
3. This revision petition is hence allowed, subject to conditions.
The impugned order dt. 5.5.2005 in M.C.No. 67 of 2004 passed by the
learned Magistrate shall stand set aside and the Family Court shall be
directed to consider the matter afresh and pass appropriate orders on
condition that the petitioner pays interim maintenance at the rate of Rs.
1,250/- p.m. from the date of the petition, i.e. 15.4.2004, till the final
disposal of the M.C. The entire amount due till 15.7.2006 shall be paid to
the petitioner or deposited before the court below on or before 1.9.2006.
4. The parties shall appear before the Judge of the Family Court on
2.9.2006 to continue the proceedings. If the amounts are not
paid/deposited as directed, the learned Judge of the Family Court shall
make a note of that fact and thereupon the impugned order shall stand
revived and shall be executable. Needless to say, the claim for maintenance
shall be disposed of on merits and no observations or directions herein will
fetter the discretion of the court to pass appropriate orders on merits.
R.P.(F.C).No. 98 of 2006 3
(R. BASANT)
Judge
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