IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 4 of 2009()
1. VALAPPIL ABDUL KHADER, AGED 28 YEARS,
... Petitioner
Vs
1. MARIYAMBI C.M. AGED 20 YEARS, KOTTAMMAL
... Respondent
For Petitioner :SRI.M.V.AMARESAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :05/01/2009
O R D E R
R. BASANT, J.
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R.P.(FC) No. 4 of 2009
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Dated this the 5th day of January, 2009
ORDER
The petitioner has suffered an ex parte order directing
payment of maintenance at the rate of Rs.2,000/- per mensem.
He filed an application to get the ex parte order set aside. The
learned Judge of the Family Court indulgently allowed that
prayer subject to the condition that maintenance payable for a
period of 5 months at the stipulated rate of Rs.2,000/- must be
paid. The petitioner claims to be aggrieved by that order.
2. What is the grievance? The petitioner admittedly
was not available in India and the contention which he wants to
raise is that the wife has no justifiable reason to insist on
separate maintenance. The other contention is only about the
quantum of maintenance payable. According to the petitioner,
though he was abroad, he was not working and he was in
R.P.(FC) No. 4 of 2009 -: 2 :-
search of a job.
3. Having considered all the relevant circumstances, I am
not at all persuaded to agree that the revisional jurisdiction of
superintendence and correction deserves to be invoked against
the impugned order. The learned Judge of the Family Court has
indulgently granted the prayer to set aside the ex parte order.
The time stipulated for payment is already over, it is submitted.
I am, however, satisfied that the petitioner can be granted time
till 19/1/09 to pay/deposit the amount and claim the advantage of
the impugned order. If deposited, the amount shall forthwith
be released to the claimant.
4. With the above observations, this RP(FC) is dismissed.
5. Hand over a copy of this order to the learned counsel for
the petitioner.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
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