High Court Kerala High Court

M.Ibrahim vs Sameena @ Shameena on 25 November, 2009

Kerala High Court
M.Ibrahim vs Sameena @ Shameena on 25 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 156 of 2009()


1. M.IBRAHIM, S/O.MOHAMMED, RESIDING AT
                      ...  Petitioner

                        Vs



1. SAMEENA @ SHAMEENA,
                       ...       Respondent

2. SAJINA, D/O.SAMEENA @ SHAMEENA,

                For Petitioner  :SRI.VINOD KUMAR.C

                For Respondent  :SRI.JOHNSON P.JOHN

The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :25/11/2009

 O R D E R
                           P.S.GOPINATHAN J.
                   -----------------------------
                        R.P(FC) No. 156 of 2009
                  ------------------------------
             Dated this the 25th day of November, 2009.

                               O R D E R

The revision petitioner is the respondent in M.C.No.796 of 2006 on

the file of the Family Court, Palakkad. The respondents herein who are

the wife and daughter of the revision petitioner, preferred the above

petition seeking an order for maintenance under Section 125 of the Code

of Criminal Procedure. The revision petitioner filed his counter and the

case was posted for enquiry on 16.12.2008 at its Alathoor Camp. The

revision petitioner sought time. But the learned Judge was not inclined to

grant the request. The revision petitioner was set exparte and after

taking evidence the petition was allowed on the same day. Thereby the

revision petitioner was ordered to pay monthly maintenance at the rate of

Rs.1,500/- to the first respondent and at the rate of Rs.1,000/- to the

second respondent. Assailing the legality, correctness and propriety of

the above order, this revision petition was filed.

2. According to the learned counsel for the revision petitioner

he has raised serious contentions including denial of paternity of the

second respondent. Since the counsel for the revision petitioner was

engaged in Palakkad, he could not attend the camp sitting at Alathoor

and that though the junior sought for time to pass it over till afternoon, it

R.P(FC) No. 156 of 2009 2

was declined and as a result, justice was denied to him. I find little merit

in the contention. The camp sitting was arranged at outstation only to

suit the convenience of the parties. Then, it is not at all justified for the

counsel to seek for an adjournment. I find that the lower court had

correctly declined the request for adjournment and right in proceeding

exparte. However, I find that it would be appropriate to grant an

opportunity to the revision petitioner to agitate his contentions on

conditions.

In the result this revision petition is allowed on condition that the

revision petitioner shall deposit a sum of Rs.60,000/- on or before

1.1.2010 towards the maintenance failing which the revision petition

would stand dismissed. On deposit, the respondents are at liberty to

withdraw the same. The trial court shall dispose the petition on merits as

per law. In the event the revision petitioner succeeds before the trial

court and the petition is dismissed, the respondents are entitled to

adjust the deposited amount towards their cost. In the event revision

petitioner fails, the said amount shall be credited to the maintenance

due.

Sd/-

                                     P.S.GOPINATHAN
                                            JUDGE
                    //True Copy//
ab                                          PA to Judge