IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17755 of 2008(S)
1. M.P.VASUDEVAN, S/O.LATE KRISHNAN,
... Petitioner
Vs
1. PATTIPARAMBIL SUSEELA, D/O.VELAYUDHAN,
... Respondent
2. SIVADEV (MINOR)
3. VISHALDEV (MINOR)
4. VIDISHA (MINOR)
5. SUSEELA'S DAUGHTER (MINOR)
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent :SRI.DILIP MOHAN
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :18/12/2008
O R D E R
P.R.RAMAN &
T.R.RAMACHANDRAN NAIR, JJ.
-------------------------------
W.P.(C)NO. 17755 OF 2008
-------------------------------
Dated this the 18th day of December, 2008
JUDGMENT
Raman,J.
Petitioner filed O.P.No.409/2007 and 410/2007 before the
Family Court, Malappuram for various reliefs as against the
respondents. The respondents in turn filed M.C.No.210/2007 and
642/2007, which are applications for maintenance. The Family
Court, after setting the petitioner ex parte, allowed M.C.Nos.210 &
642/2007 and dismissed O.P.Nos.409 & 410/2007 filed by the
petitioner. Thereupon, the petitioner filed applications seeking to
restore the O.Ps. and also to set aside the ex parte orders in the
M.Cs. By Ext.P2 common order those applications were allowed
and the O.Ps. filed by the petitioner were restored to file on
condition that he shall deposit an amount of Rs.5,000/- each in the
two cases and an amount of Rs.1,000/- each by way of cost and
also directed to deposit the entire arrears of maintenance. At the
-2-
WP(C).No.17755/2008
time of admission, this Court granted an interim stay on condition
that the petitioner shall deposit the amount awarded at the rate of
Rs.5,000/- each as costs in two O.Ps., Rs.1,000/- each as costs in
two C.M.Ps. And 50% of the arrears of maintenance. The petitioner
has deposited an amount of Rs.27,500/- which has been
withdrawn by the respondents herein. In the factual situation, we
do not think the amount of costs awarded is in any way high or
excessive. However, the Family Court also directed to deposit the
entire arrears of maintenance. Since the very orders passed in the
M.Cs. Stand set aside giving an opportunity to the petitioner to
contest the matter, we think it will not be proper to direct the
petitioner to deposit the entire amount awarded by way of arrears of
maintenance as a condition for such restoration. In the
circumstances, 50% of the amount which has already been
deposited will be sufficient compliance and the Family Court will
re-determine the maintenance to be awarded and the deposited
amount (i.e.50% towards maintenance excluding cost) will be given
-3-
WP(C).No.17755/2008
due credit while passing final orders. The Family Court may
dispose of the matter as expeditiously as possible, at any rate,
within four months.
Writ Petition is disposed of as above.
Sd/-
P.R.RAMAN,
Judge.
Sd/-
T.R.RAMACHANDRAN NAIR,
Judge.
kcv.