IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 RPFC.No. 232 of 2008() ---------------------- MC.94/2006 OF THE FAMILY COURT, THIRUVALLA .................... REVISION PETITIONER/COUNTER PETITIONER ------------------------------------------------------- K.K.AJAYAKUMAR,S/O.KUTTAN NAIR, KARTHIKA,ELANTHOOR WEST MURI, ELANTHOOR VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS: RESPONDENTS/PETITIONERS ------------------------------------ 1. SREEJA.P.M.,PALIPRA, ELANTHOOR P.O.,PATHANAMTHITTA DISTRICT. 2. ARSHA,AGED 7 YEARS, D/O.AJAYAKUMAR (MINOR REPRESENTED BY THE IST PETITIONER). BY ADV. SRI.R.SANTHOSH BABU FOR R.1 THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 24/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- R.P.(FC) No. 232 of 2008 ------------------------------------------------- Dated this the 24th day of July, 2008 ORDER The petitioner has filed this RP(FC) to assail a direction issued under Sec.125 Cr.P.C. obliging him to pay maintenance at the rate of Rs.1,200/- per mensem to the 1st claimant – admittedly his wife. So far as the 2nd claimant is concerned, no order under Sec.125 Cr.P.C. was passed. 2. The order passed is an ex parte order. The petitioner should normally have resorted to the proviso to Sec.126(2) of the Cr.P.C. to set aside the ex parte order. However, after discussions at the Bar, the learned counsel for the respondent fairly accepts that if the entire amount payable under the impugned order till 30/7/08 is paid or deposited before the Family Court on or before 11/8/08, the impugned ex parte order can be set aside and the learned Judge of the Family R.P.(FC) No. 232 of 2008 -: 2 :- Court can be directed to dispose of the matter afresh in accordance with law. I am satisfied that the said stand taken by the learned counsel for the respondents is absolutely reasonable. The learned counsel for the petitioner also undertakes to abide by that condition. 3. In the result: (a) This RP(FC) is allowed. (b) The impugned ex parte order shall stand set aside and the learned Judge of the Family Court shall dispose of the case afresh in accordance with law ignoring the impugned order on condition that the petitioner deposits the entire amount due by way of maintenance under the impugned order till 31/7/08 on or before 11/8/08. (c) The parties shall appear before the learned Judge of the Family Court on 12/8/08. If the amount is deposited, the same shall be released forthwith to the claimant and the M.C. shall be disposed of afresh thereafter as expeditiously as possible, at any rate, within a period of three months from that date. If the amount is not deposited as directed, the learned Judge of the R.P.(FC) No. 232 of 2008 -: 3 :- Family Court shall make a note of that fact on 12/8/08 and thereupon the impugned ex parte order shall continue to remain in force. 4. 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 R.P.(FC) No. 232 of 2008 -: 4 :-