IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 392 of 2009()
1. P.R.BABU, AGED 31 YEARS,
... Petitioner
Vs
1. CHAKKALASSERIL SAJNI, AGED 27 YEARS,
... Respondent
For Petitioner :SRI.P.SAMSUDIN
For Respondent :SRI.P.VIJAYA BHANU
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :20/01/2010
O R D E R
M.N. KRISHNAN, J.
...........................................
R.P.(F.C).No.392 OF 2009
.............................................
Dated this the 20th day of January, 2010.
O R D E R
This revision is preferred against the order of the
Family Court, Malappuram in M.C.No.194/2008. The wife
moved an application for maintenance and the court had
ordered maintenance at the rate of Rs.1,000/= from the date
of filing of the petition. It is to be stated that the revision
petitioner is a native of Goodalloor in Tamil Nadu and he
has married the petitioner in the MC on 11.4.2003. The
matrimonial life did not last long and it is contended that he
has abandoned her and therefore the case. The husband
would contend that the attitude was recalcitrant on the
part of the wife. There was an agreement between them
and by virtue of that agreement, she has relinquished her
right to get maintenance. Though a mention is made about
the date of the said agreement in the counter petition, it has
not been produced. The revision petitioner also did not mount
the box and give any evidence. So, the court below held it
in favour of the wife. The learned counsel for the revision
petitioner prays for an opportunity to prove the agreement
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R.P.(F.C).No.392 OF 2009
as well as his case.
I feel an opportunity can be given provided he also
satisfies certain conditions imposed by this Court. The
petition is filed in March 2008 and almost 22 months are
over. This Court feels that an opportunity can be given to
the revision petitioner, if he pays an amount of Rs.15,000/=
on or before 25.2.2010 and continues to pay at the rate of
Rs.750/= per month till a final decision is taken in the
matter. If the amount is not paid on or before 25.2.2010 as
directed by this Court, the right to get an opportunity is
lost and the order of the court below shall stand confirmed.
The parties are directed to appear before the court on
25.2.2010. Let there be an expeditious disposal of the
matter within three months from the date of first
appearance of the parties. The amount if any already paid,
shall be given credit to.
M.N. KRISHNAN, JUDGE
cl
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R.P.(F.C).No.392 OF 2009