IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 201 of 2008()
1. MANY @ PREMKUMAR
... Petitioner
Vs
1. MINI, AGED 33 YEARS, D/O. CHARICHEDY
... Respondent
2. MINOR CHINNU, AGED 12 YEARS
3. MINOR MONISHA, AGED 10 YEARS,
For Petitioner :SRI.P.SANTHOSH (PODUVAL)
For Respondent :SRI.P.K.SAJEEV
The Hon'ble MR. Justice R.BASANT
Dated :02/07/2008
O R D E R
R.BASANT, J
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R.P.F.C.No.201 of 2008
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Dated this the 2nd day of July 2008
O R D E R
The petitioner was obliged to answer a claim under Section
125 Cr.P.C pending before the Family Court. That claim was
raised by his wife and his two minor children. On 14/3/2008 as
the petitioner was absent, he was set ex parte and an ex parte
order under Section 125 Cr.P.C was passed. The petitioner filed
an application to set aside the ex parte order. That order was
allowed on condition that the petitioner deposits an amount of
Rs.5,000/- which was to be credited towards the arrears of
interim maintenance due. The petitioner did not pay such
amount. The application to set aside the ex parte order was thus
dismissed. The petitioner, thereafter has come to this court with
this R.P.F.C with a petition to condone the delay of 156 days. He
challenges the exparte order passed.
2. I have heard the learned counsel for the petitioner as
also the learned counsel for the respondent. I am satisfied that
further opportunity can be given to the petitioner to deposit the
entire arrears of interim maintenance within a stipulated time.
If such payment is made, it can be directed to be released to the
R.P.F.C.No.201/08 2
claimants forthwith and the learned Judge of the Family Court
can be directed to dispose of the matter afresh in accordance
with law. This course is agreed upon. Accordingly this petition
is allowed.
3. In the result, this petition is allowed. The impugned
order dated 30/6/2007 in M.C.No.293/2001 shall stand set aside
and M.C.No.293/01 shall be disposed of afresh by the learned
Judge of the Family Court on condition that the entire amount of
interim maintenance payable up to 31/7/2008 shall be
paid/deposited before the Family Court on or before 11/8/2008.
If such payment is made, the same shall be released to the
claimants forthwith.
4. Parties shall appear before the learned Judge of the
Family Court on 14/8/2008. If amounts are not paid as directed,
the learned Judge of the Family Court shall make record of that
fact and thereupon the impugned order shall stand revived.
(R.BASANT, JUDGE)
jsr
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R.BASANT, J
R.P.F.C.No.
ORDER
11/02/2008