IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 300 of 2009()
1. JAMALUDHEEN, S/O.ABDU RAHIMAN,
... Petitioner
Vs
1. RASEENA, D/O.ABOOBACKER HAJI,
... Respondent
2. LULU LISAN-MINOR REPRESENTED BY
3. LULU LIYANA-MINOR-REPRESENTED BY
4. LAHAN LAZIN, MINOR-REPRESENTED BY
For Petitioner :SRI.BABU S. NAIR
For Respondent :SRI.T.H.ABDUL AZEEZ
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :01/12/2009
O R D E R
P.S.GOPINATHAN, J.
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R.P.(F.C). No.300 of 2009
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Dated this the 1st day of December, 2009.
JUDGMENT
The respondents herein, who are the wife and children
of the revision petitioner, obtained an exparte order of
maintenance under Section 125 of the Code of Criminal
Procedure from the Family Court, Malappuram in
M.C.No.364/07. Seeking an order to set aside the exparte
order he preferred C.M.P. No. 609/08. That was
dismissed for default. To restore that petition, C.M.P.No.
1441/08 was filed. That petition was also dismissed for
default. The revision petitioner, thereupon filed
C.M.P.No.145/09 seeking an order to restore C.M.P.No.
1441/08. In that proceedings also, the revision petition
remained absent. Consequently, by order dated 19.5.09,
that petition was also dismissed. Assailing the legality,
correctness and propriety of that order, this revision
petition was filed. Having heard either side, I find little
merit in the revision petition. I find serious laches and
R.P(F.C). No.300 of 2009 2
negligence on the side of revision petitioner. The revision
had adopted an indifferent attitude, which can not be
encouraged any way. However, I find that, being a
matrimonial dispute, it would be appropriate to provide
one more opportunity to the revision petitioner to seek an
order on merits on conditions.
In the result, the revision petition is allowed. The order
impugned would stand set aside and C.M.P. 145/09 would
stand restored to file on condition that revision petitioner
shall deposit Rs.25,000/- towards maintenance arrears,
failing which this revision petition shall stand dismissed.
On deposit, the trial court shall dispose that petition on
merits. The respondents are at liberty to withdraw the
same.
P.S.GOPINATHAN, JUDGE.
mns
R.P(F.C). No.300 of 2009 3