IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 RPFC.No. 42 of 2010() --------------------- AGAINST THE ORDER DATED 20/11/2009 IN IA 2577/2009 IN MC.35/2009 of FAMILY COURT, NEDUMANGAD. .................... REVISION PETITIONER/PETITIONER/COUNTER PETITIONER: ---------------------------------------------------------------------------------------- SHAJAHAN, AGED 32 YEARS, S/O.BASHEER, THAJMAHAL, MAVUVILA, PANCHAKUZHY, PANACHAMOODU P.O., (FROM CHERUTHALAVILAKOM VEEDU, PANCHANKUZHY, PANACHAMOODU, VELLARADA VILLAGE). BY ADV. MR.BIJU .C. ABRAHAM RESPONDENT(S): COUNTER PETITIONERS/PETITIONERS: --------------------------------------------------------------------------------------- 1. JALEELA, D/O.SAFIA BEEVI, JALEELA MANZIL, NULLIYODU, KUDAPPANAMOODU, NEYYATTINKARA TALUK. 2. SHOOJA, S/O.SHAJAHAN, JALEELA MANZIL, NULLIYODU, KUDAPPANAMOODU, NEYYATTINKARA TALUK. R1 & R2 BY ADV. MR.G.SUDHEER THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.1062/2010 IN RP(FC) NO.42/2010 DISMISSED 30/03/2010 SD/- M.N.KRISHNAN,JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... R.P.(F.C).No.42 OF 2010 ............................................. Dated this the 30th day of March, 2010. O R D E R This revision is preferred against the order of the Family Court, Nedumangad in an application to set aside the ex parte order. The family court permitted to set aside the ex parte order on the ground that the husband shall pay a sum of Rs.12,500/=. It is to delete that condition, the revision is preferred. By an interim order, this Court directed 50% of the amount to be deposited. 2. I am informed that it has been complied with. The revision petitioner is an employee in the police department. The family court by its ex parte order directed the revision petitioner to pay at the rate of Rs.1,500/= to the wife and Rs.1,000/= to the child. The order has been passed without hearing him. 3. I feel that an opportunity has to be given by permitting the wife and child to withdraw the amount of Rs.6,500/= in deposit and by giving a further direction to the family court to dispose of the matter within a month from : 2 : R.P.(F.C).No.42 OF 2010 the date of appearance of the parties. 4. Therefore the ex parte order against the revision petitioner is set aside and the matter is remitted back to the family court with a direction to permit both the parties to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law within one month from the date of first appearance of the parties. Parties are directed to appear before the family court on 26.04.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : R.P.(F.C).No.42 OF 2010