IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 RPFC.No. 213 of 2008() ---------------------- MC.270/2006 of FAMILY COURT, MALAPPURAM .................... : PETITIONER/RESPONDENT -------------------------------------- RASHEED 36 YEARS, KOTTARAMPATTAYIL HOUSE S/O.BAPPU,(LATE) VELIYAMCODE, PALAPPETTY, MALAPPURAM DISTRICT.REP;BY P/A HOLDER, P.BEERAN HAJI AGED 70 YRS,S/O.MUHAMMEDUNNI (LATE), PERUMPADAPPA AMSOM PALAPPETTY DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: PETITIONER ----------------------- SHASIYA.P. 24 YEARS,D/O.ABDUL KHADER, PANATTAYIL VEEDU, AMAYAM, CHERUVALLUR, NANNAMUKKU PO, MALAPPURAM DISTRICT. THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ R.P.F.C. No.213 of 2008 ------------------------------------- Dated this the 5th day of August, 2008 ORDER Petitioner has suffered an exparte order directing him to pay maintenance @ Rs.3,000/- per mensem to his wife and Rs.2,500/- per mensem to his child. The petitioner filed an application to set aside the exparte order. The learned Judge directed that the entire arrears payable, ie. Rs.93,500/- (17 X 5,500) be deposited. The petitioner could not deposit the amount in time and accordingly, by the impugned order, the application to set aside the exparte order was dismissed. 2. The learned counsel for the petitioner submits that as directed by this Court, the petitioner had, by 30.07.08, paid the entire arrears of Rs.93,500/- as directed by the learned Judge of the Family Court. The petitioner could not deposit the amount before 10.04.08, the date of the impugned order, and it is hence that the petitioner's application to set aside the exparte order was dismissed by the learned Judge. The learned counsel for the petitioner submits that the petitioner may be granted extension of time till 30.07.08 to make the payment and he having made the entire payment by that day, the exparte order may now be set aside and directions for fresh disposal of the M.C may be issued. R.P.F.C. No.213 of 2008 2 3. I have not ordered notice to the respondent. I am not satisfied that it is necessary to wait for issue and return of notice to the respondent. I am satisfied that this petition can be allowed subject to appropriate observations. 4. This Revision Petition is, in these circumstances, allowed. The petitioner shall appear before the Family Court on 25.08.08 with a copy of this order. If the petitioner has deposited by now the entire amount of Rs.93,500/-, the exparte order passed against him shall stand set aside and the learned Judge of the Family Court shall dispose of M.C.No.270 of 2006 afresh after notice to the claimants. If amounts are deposited, the same shall be released to the claimants forthwith without waiting for any further directions. 5. The petitioner shall appear before the Family Court on 25.08.08. If the amount of Rs.93,500/- is not deposited as directed, the said fact will be recorded by the learned Judge and thereafter the impugned order shall stand revived and shall remain in force. 6. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-