IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 RPFC.No. 235 of 2008() ---------------------- MC.694/2007 OF THE FAMILY COURT, MALAPPURAM. .................... PETITIONER/RESPONDENT -------------------------------------- UNNIKRISHNAN V.A., AGED 30 YEARS, S/O.AYYAPPAN, VALLOPARAMBIL HOUSE, KADAVANAD P.O., KADAVANAD AMSOM DESOM, PONNANI TALUK. BY ADV. SRI.K.J.SAJI ISAAC DR.ELIZABETH VARKEY RESPONDENTS: PETITIONERS ------------------------ 1. NISHA T.K., AGED 20 YEARS, D/O.KRISHNAN, THULUSSERI HOUSE, KADAVANAD P.O., KADAVANAD AMSOM DESOM, PONNANI TALUK. 2. REVATHI, AGED 2 YEARS, REPRESENTED BY NISHA, THULUSSERI HOUSE, KADAVANAD P.O. KADAVANAD AMSOM DESOM, PONNANI TALUK. BY THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 25/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- R.P.(FC) No. 235 of 2008 ------------------------------------------------- Dated this the 25th day of July, 2008 ORDER The petitioner has suffered an ex parte order under Sec.125 Cr.P.C. directing him to pay maintenance at the rate of Rs.1,500/- per mensem to his wife and Rs.500/- per mensem to the child. The petitioner filed an application to set aside the ex parte order. The learned Judge of the Family Court directed that the ex parte order shall be set aside on condition that the petitioner deposits the entire amount due from 10/9/07 to 27/6/08 on or before 10/7/08. The petitioner has not been able to make the payment. The petitioner had applied before the learned Judge of the Family Court and time has been given till today for payment of that amount, it is submitted. 2. The learned counsel for the petitioner submits that the amounts due to the child have been paid promptly. What R.P.(FC) No. 235 of 2008 -: 2 :- remains to be paid is the amount of Rs.1,500/- per mensem to the wife from 13/9/07 to 27/6/08. I am not satisfied that the order warrants interference in revision. However, I take note of the submission of the learned counsel for the petitioner that the petitioner deserves to be granted some further time to make the payment and avoid the ex parte order. I am, in these circumstances, satisfied that the petitioner can be granted time till 25/8/08 to make the payment. If the payment is made, the same shall immediately be released to the claimant. 3. This RP(FC) is accordingly allowed in part to the above extent. SD/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge R.P.(FC) No. 235 of 2008 -: 3 :-