IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 143 of 2008()
1. SUDHEER, AGED 37 YEARS,
... Petitioner
Vs
1. VALSALA, AGED 31 YEARS,
... Respondent
2. STATE OF KERALA REPRESENTED BY THE
For Petitioner :SRI.K.P.BALAGOPAL
For Respondent :SRI.M.V.BOSE
The Hon'ble MR. Justice R.BASANT
Dated :30/07/2008
O R D E R
R. BASANT, J.
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R.P.F.C.No. 143 of 2008
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Dated this the 30th day of July, 2008
O R D E R
The petitioner has suffered an ex parte order directing him
to pay maintenance at the rate of Rs.1,500/- p.m. to the claimant,
admittedly his wife.
2. Marriage and separate residence are admitted. There is
no specific offer to maintain the wife on condition that she lives
with him. The petitioner was set ex parte and it was accordingly
that the impugned direction was issued to pay maintenance at the
rate of Rs.1,500/- p.m. He filed an application to set aside the ex
parte order. That was dismissed by the learned Judge of the
Family Court by the impugned order. The petitioner claims to be
aggrieved by the impugned order. He prays that the impugned
order may be set aside and he may be given an opportunity to
substantiate his contentions.
2. The respondent has entered appearance. An amount of
Rs.49,000/- has already been deposited and the same has been
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released to the wife. I am satisfied that the impugned order can be set
aside as agreed after stipulating appropriate conditions.
3. In the result:
(a) This revision petition is allowed.
(b) The impugned order shall stand set aside and the learned
Judge of the Family Court shall dispose of M.C. 536 of 2006 afresh, on
condition that the petitioner deposits a further amount of Rs.24,500/-
on or before 1.9.2008.
) The parties shall appear before the Family Court on
2.9.2008. If the amount is deposited, the learned Judge shall forthwith
release the same to the claimant/wife and shall proceed to dispose of
the M.C. Afresh. If payment is not made, the learned Judge shall
make note of that fact on 2.9.2008 and thereupon the impugned order
shall continue to remain in force and shall be enforcible.
(R. BASANT)
Judge
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