High Court Kerala High Court

Saithalavi vs Pathummu on 2 April, 2007

Kerala High Court
Saithalavi vs Pathummu on 2 April, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP(Family Court) No. 159 of 2007()


1. SAITHALAVI, REPRESENTED BY HIS POWER OF
                      ...  Petitioner

                        Vs



1. PATHUMMU, D/O ERANJIKKAL MADARI HAJI,
                       ...       Respondent

2. THASLEENA-MINOR-THROUGH HER MOTHER -

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  : No Appearance

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

 Dated :02/04/2007

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

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

                             R.P.(F.C.)No.159 of 2007

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

                    Dated this the 2nd day of April, 2007




                                     O R D E R

The revision petitioner is the counter petitioner in

M.C.No.104/06 which was disposed of exparte with respect to

the maintenance of the second petitioner child and ordered

to be paid Rs.2,500/- per month from the date of petition.

The revision petitioner who was working abroad in Jiddah in the

Middle East filed an application to set aside the ex-parte order

through his power of attorney holder. The court below

dismissed the same.

2. In the circumstances, I find that it is only proper to

permit the petitioner herein to adduce the evidence. The court

below is directed to dispose of the matter on merits. In the

circumstances, the order of the court below is set aside on

condition that the revision petitioner deposits the entire arrears

of maintenance at the rate of Rs.1,500/- per month within one

month from today onwards and continue to deposit at the above

rate. The court below shall on compliance of the above order

R.P.(FC)159/2007 Page numbers

take the matter into file and permit the parties to adduce any

further evidence if they so desire and dispose of the matter on

merits. The revision petitioner shall appear before the court

below on 24.4.2007.

The revision petition is disposed of as above.

K.R.UDAYABHANU,

JUDGE

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