Shajimon P.S. vs Laly Das on 3 December, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 362 of 2008()


1. SHAJIMON P.S., S/O. SUMATHI,
                      ...  Petitioner

                        Vs



1. LALY DAS,
                       ...       Respondent

2. ASWIN LAL (MINOR),

                For Petitioner  :SRI.MANSOOR.B.H.

                For Respondent  :SRI.S.VIDYASAGAR

The Hon'ble MR. Justice R.BASANT

 Dated :03/12/2008

 O R D E R
                             R.BASANT, J
                      ------------------------------------
                     R.P.F.C. No.362 of 2008
                     -------------------------------------
             Dated this the 3rd day of December, 2008

                                  ORDER

Petitioner has suffered an exparte order obliging him to pay

maintenance @ Rs.600/- each to the claimants, allegedly his wife

and minor child. The petitioner has not filed any application to

set aside the exparte order. But has instead come before this

Court to invoke the revisional jurisdiction to set aside the

impugned order. The respondent has entered appearance. As

condition for condonation of delay, there was a direction to

deposit the entire amounts payable under the impugned order

and it is submitted that such amounts have already been

deposited before the Family Court.

2. After discussions at the Bar, I am satisfied that the

impugned exparte order can now be set aside subject to

appropriate conditions which shall ensure and safeguard the

interests of the claimants. As there is agreement on the course

to be followed between counsel, it is not necessary to delve

deeper into th facts of the case.

3. In the result:

i) This Revision Petition is allowed;

ii) The learned Judge of the Family Court shall dispose of

M.C.No.143 of 2007 afresh in accordance with law after giving

the contestants opportunity to plead and substantiate their case

in accordance with law;

iii) The impugned order shall be reckoned as an interim

direction to pay maintenance from the date of the petition. Such

directions shall continue to remain in force until M.C.No.143 of

2007 is disposed of afresh by the learned Judge;

iv) There shall be a direction that all amounts in deposit

and to be deposited before the Family Court shall be released to

the claimants straightaway;

v) The parties shall appear before the Family Court on

19.12.08. The learned Judge shall make every endeavour to

dispose of the case as expeditiously as possible.

(R.BASANT, JUDGE)
rtr/-

//True Copy//
PA to Judge

R.BASANT, J

————————————
Crl.M.Appl.No.4370 of 2008 in
unnumbered R.P.F.C

————————————-

Dated this the 3rd day of December, 2008

ORDER

The entire amount has been deposited, it is submitted. A

certificate dated 25.11.08 is produced to confirm that the

amount payable till 05.11.08 has already been paid and

deposited. This petition is accordingly allowed. Delay condoned.

2. Number the R.P.F.C.

(R.BASANT, JUDGE)

rtr/-