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P.S.Alexander @ Jose vs Rahelamma Samuel on 12 April, 2007

Kerala High Court
P.S.Alexander @ Jose vs Rahelamma Samuel on 12 April, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP(Family Court) No. 179 of 2007()


1. P.S.ALEXANDER @ JOSE, AGED 57 YEARS,
                      ...  Petitioner

                        Vs



1. RAHELAMMA SAMUEL, W/O. SAMUEL,
                       ...       Respondent

                For Petitioner  :SRI.K.P.MUJEEB

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :12/04/2007

 O R D E R
                             K.R.UDAYABHANU, J

                         ---------------------------------------------

                             R.P.(F.C.)No.179 of 2007

                          ---------------------------------------------

                     Dated this the 12th day of April, 2007






                                     O R D E R

The revision petitioner who is the counter petitioner in

M.C.No.141/06 has sought for setting aside the order of the

court below to pay monthly maintenance at the rate of Rs.3,000/-

to the petitioner from the date of petition i.e., 16.5.2006.

2. Counsel for the revision petitioner has sought for

setting aside the order of the court below. It is submitted by the

counsel for the revision petitioner that no evidence has been

adduced in the matter and the matter was disposed on the basis

of proof affidavit of complainant. It is also submitted that the

petitioner has already deposited Rs.5,000/- towards the amount

due. In the circumstances, the order of the court below is set

aside on condition that the revision petitioner deposit a sum of

Rs.10,000/- within two months from today onwards and continue

to deposit at the rate of Rs.1,500/- per month. On deposit of

Rs.10,000/-, the court below shall permit the parties to

R.P.(FC)179/2007 Page numbers

adduce further evidence and dispose of the matter on merits.

Revision petitioner shall appear before the Family Court on

12.6.2007.

The revision petition is allowed.

K.R.UDAYABHANU,

JUDGE

csl

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