IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU FRIDAY, THE 2ND MARCH 2007 / 11TH PHALGUNA 1928 RPFC.No. 100 of 2007() ---------------------- MC.176/2004 of FAMILY COURT, KOZHIKODE .................... REVISION PETITIONER/RESPONDENT: ------------------------------------------------ VADAKKARA CHANDRAN, S/O.KUNJIRAMAN NAIR, PERAMBRA AMSOM, KILIYAMBILAYI DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT,PERUVANNAMUZHI BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: PETITIONER: -------------------------------- ERIKKAMBATH SHEEBA, D/O. KUNJIKRISHNAN NAIR, KOTTOOR AMSOM, NARAYAMKULAM DESOM, KOYILANDY TALUK,KOZHIKODE DIST BY ADV. SRI.P.K.SURESH KUMAR SRI.K.P.SUDHEER THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 02/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- R.P.(FC)No.100 of 2007 --------------------------------------------- Dated this the 2nd day of March, 2007 ORDER Revision petitioner is the respondent in M.C.176/04 in the file of the Family Court, Kozhikode in which he has been set ex-parte and under orders to pay maintenance at the rate of Rs.1,000/-. 2. It is the case of the revision petitioner that he had filed a counter before the court below and that on the particular day, on account of a traffic block, he could not reach the court in time or instruct the counsel. I find that the order of the court below is not a considered one. In view of the fact that a counter has been filed, the court below ought to have considered the matter on merits. In the circumstances, the order of the court below is set aside on condition that the revision petitioner deposit a sum of Rs.10,000/- towards the arrears of maintenance, which the respondent shall be entitled to withdraw. The revision RPFC100/07 Page numbers petitioner is granted one month's time to deposit the amount. The parties are directed to appear before the court below on 29.3.2007. The court below shall dispose of the matter on merits at the earliest. The R.P.(FC) is disposed of as above. K.R.UDAYABHANU, JUDGE csl RPFC100/07 Page numbers K.R.UDAYABHANU, J Crl.R.P.No.929 of 1997 ORDER RPFC100/07 Page numbers 26th February, 2007 RPFC100/07 Page numbers