IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 RPFC.No. 158 of 2008() ---------------------- AGAINST THE ORDER DATED 07/01/2008 IN CMP.2445/2007 IN MC.623/2006 OF THE FAMILY COURT, MALAPPURAM. .................... REVISION PETITIONER/RESPONDENT/PETITIONER ------------------------------------------------------------- CHAKKINGATHODI MUHAMMED SHERIF S/O.ABU CHAKKINGATHODI NARANGATHODI HOUSE NARUKARA AMSOM, MELAKKAM DESOM, KARUVAMBRAM PO. BY ADV. SRI.K.P.MUJEEB RESPONDENT(S): PETITIONER ------------------------- CHAKKINGATHODI ABU, S/O.HYDROS ANAKAYAM MANJERI ADV. SRI.BABU S. NAIR FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- R.P.(FC) No. 158 of 2008 ------------------------------------------------- Dated this the 3rd day of October, 2008 ORDER The petitioner in this RP(FC) assails an order passed under Sec.125 Cr.P.C. obliging him to pay maintenance at the rate of Rs.2,000/- per mensem to the claimant who is none other than his own father. 2. Relationship is admitted. The petitioner, though served, did not appear before the Family Court. He, in fact, entered appearance through his sister. Time was sought and graciously granted on a couple of occasions; but he did not later appear; nor was a Power-of-Attorney in favour of his sister produced. The learned Judge of the Family Court was ultimately constrained to set the petitioner ex parte and pass an order under Sec.125 Cr.P.C. obliging the petitioner to pay maintenance at the rate of Rs.2,000/- per mensem from R.P.(FC) No. 158 of 2008 -: 2 :- 13/11/06. 3. The petitioner filed an application to set aside the ex parte order. The learned Judge of the Family Court took the view that no sufficient cause has been shown to set aside the ex parte order. Accordingly, the learned Judge proceeded to pass the impugned order dismissing the application to set aside the ex parte order. 4. The petitioner has come to this Court with this petition. He wants to urge various grounds. He contends that the claimant – his father, is not unable to maintain himself. The proceedings have been initiated vexatiously against him without any bona fides. At any rate, the quantum of maintenance fixed is excessive. 5. The application to set aside the ex parte order is stoutly opposed and it is contended that the learned Judge of the Family Court was absolutely justified in dismissing the application to set aside the ex parte order. 6. I have considered all the relevant circumstances. Tough I do not find any vice vitiating the impugned order or the ex parte order passed earlier on the basis of the materials presently available, I am persuaded to agree that on appropriate conditions which shall adequately safeguard the interests of the R.P.(FC) No. 158 of 2008 -: 3 :- respondent/claimant a further opportunity can be granted to the petitioner to raise his contentions and seek an order on merits. Appropriate safeguards/conditions can, of course, be imposed. 7. In the result: (a) This R.P.(FC) is allowed subject to conditions. (b) The impugned order and the ex parte order in M.C.No.623/06 shall stand set aside on condition that: (i) the petitioner deposits the entire amount due under the impugned order till 12/10/08 on or before 30/10/08. If the amount is deposited, the same (including the amount of Rs.25,000/- which is deposited as per the order dated 24/6/08 passed by this Court) shall be released to the claimant straightaway. (ii) If such amount is deposited, the learned Judge of the Family Court shall dispose of M.C.No.623/06 afresh in accordance with law. (iii) The parties shall appear before the learned Judge of the Family Court on 1/11/08. If the deposit is made as already directed, the learned Judge of the Family Court shall record that fact and shall proceed to dispose of the M.C. as expeditiously as possible – at any rate within a period of 3 months from that date. If the amount is not deposited as directed, that fact shall also be R.P.(FC) No. 158 of 2008 -: 4 :- recorded and thereupon the impugned ex parte order shall continue to remain in force. (iv) Until the disposal of M.C. the amount of Rs.2,000/- per mensem shall be paid from 13/10/08 as interim maintenance till the disposal of the petition afresh. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge