IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 8487 of 2007(S)
1. IDES, AGED 42 YEARS, S/O.ENOSE,
... Petitioner
Vs
1. R.KUMARI,
... Respondent
For Petitioner :SRI.P.V.ANIL
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :14/03/2007
O R D E R
KURIAN JOSEPH & K.T. SANKARAN, JJ.
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W.P.(C) No. 8487 OF 2007
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Dated this the 14th March, 2007
J U D G M E N T
Kurian Joseph, J:
Writ Petition is filed challenging the order in I.A.No. 228 of 2006 in
M.C. 208 of 2001 on the file of the Family Court , Thiruvananthapuram . By
the impugned order, the court below had imposed a condition for setting
aside the ex parte order passed against the petitioner; he was directed to
deposit 50% of the amount of maintenance already directed to be paid to
the respondent.
2. The contention of the petitioner is that he is not liable to pay
maintenance to the respondent. That is a matter to be decided in the M.C.
pending before the Family Court . It is further contended that the condition
imposed by the court below is illegal. It is seen that the said condition is
rightly imposed in the background of the conduct of the petitioner in not
paying maintenance to the child. Since the direction is to pay or deposit
W.P.(C) No. 8487 OF 2007
2
maintenance, it will be open to the petitioner to pay or deposit the amount
and seek for expeditious disposal of the main matter. Since the time
granted to pay or deposit the amount has already expired, we make it
clear that it will be open to the petitioner either to pay or deposit the amount
within a period of two weeks from today. Subject to the above clarification,
the Writ Petition is dismissed.
KURIAN JOSEPH,
JUDGE.
K.T. SANKARAN,
JUDGE.
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