IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Mat.Appeal.No. 68 of 2010(G) --------------------------- OP.525/2003 of FAMILY COURT,KOZHIKODE .................... PETITIONER: APPELLANT/PETITIONER/RESPONDENT ---------------------------------------------- K.K.RAVEENDRAN,S/O.KUNHIKRISHNAN NAIR, EDAKKOTT MEETHAL HOUSE, ULLIYERI AMSOM KOYILANDY TALUK. BY ADV. SRI.SANTHARAM.P RESPONDENT: PETITIONER/RESPONDENT ------------------------------------ RASITHA (MIONR), REPRESENTED BY MOTHER VASANTHA, THEKKEDATH HOSUE, KARAYAD AMSOM DESOM, KOYILANDY TALUK. ADV. SRI.V.V.ASOKAN FOR R SRI.P.P.RAMACHANDRAN FOR R THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A. No. 68 of 2010 G - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of April 2010 JUDGMENT Joseph J., This appeal is filed against the order passed in I.A. No. 1303 to set aside the exparte decree. The Court below has rejected the application. The appeal is filed with a delay 1166 days and we condoned the delay on condition that the appellant deposits an amount of Rs.5,000/- and it is submitted that the amount is deposited. 2. In I.A. No. 1303 of 2005 in O.P. No. 525 of 2003, the minor respondent represented by her mother is claiming maintenance. Of course it is the case of the appellant that it is not correct to say that he is employed. He has never been working as a U.D.C., he contends We feel that the appellant should be given an opportunity. However, it cannot be an un-conditional order. M.A. No. 68 of 2010 G 2 3. The appeal is allowed on condition that the appellant deposits an amount of Rs.30,000/- (Rupees thirty thousand only) within a period of one month from today before the Family Court, Kozhikode and Family Court is directed to dispose of the O.P. No. 525 of 2003 within a period of three months from the date of which the appellant complies with the condition of deposit of Rs.30,000/. The respondent will be free to withdraw the amount of Rs.30,000/- as also Rs.5,000/- which is also deposited by the appellant. If the appellant does not deposit the amount of Rs.30,000/- as aforesaid, the appeal will stand dismissed. K.M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/