IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 RPFC.No. 203 of 2008() ---------------------- AGAINST THE ORDER DATED 28/04/2008 IN CMP 218/2008 IN MC.73/2007 OF THE FAMILY COURT, KASARAGOD. .................... REVISION PETITIONER ------------------------------------ MANIKANTAN R.V., AGED 33 YEARS, S/O.P.V.JAYARAM HINDU, R/T CHAYITHALA HOUSE, P.O.KARADKA, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: ------------- 1. PRAMEELA, AGED 28 YEARS, D/O.NARAYANI. 2. MAHIMA, AGED 6 YEARS, 3. HEMANTH, AGED 5 YEARS. (2 AND 3 ARE MINORS REPRESENTED BY THEIR MOTHER IST RESPONDENT, ALL ARE R/T ROOM NO.6 MUNDAKAI ABDULLA HAJI QUARTERS NEAR N.M.G.BANK, MULLIYAR P.O., KASARAGOD). BY THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- R.P.(FC) No. 203 of 2008 ------------------------------------------------- Dated this the 3rd day of July, 2008 ORDER The petitioner had suffered an ex parte order directing him to pay maintenance at the rate of Rs.1,500/- per mensem to his wife and Rs.750/- each per mensem to his two minor children. The petitioner filed an application to get the ex parte order set aside. The learned Judge indulgently allowed that application subject to conditions. The condition imposed was that the petitioner must pay the entire amount of maintenance due under the impugned order in so far as claimants 2 and 3 (i.e., the minor children) are concerned. One month's time was granted to make the payment. The payments must have been made by 24/4/08. The petitioner did not make the payment. Consequently, that petition was dismissed as per the impugned order dated 28/4/08. R.P.(FC) No. 203 of 2008 -: 2 :- 2. The petitioner has now come before this Court challenging the said order dated 28/4/08. One short contention is raised. The learned counsel for the petitioner submits that on account of unavoidable difficulties, the petitioner, who was hospitalised at the relevant time, could not make the payment in time. He is prepared to make the payment now. He shall deposit the amount forthwith before the Family Court. Indulgently, an extension of time may be granted to the petitioner to make such payment. This, in short, is the request. 3. I have heard the learned counsel for the petitioner. I have considered all the relevant inputs. Under the impugned order, the petitioner is liable to pay maintenance awarded to the two children from 21/3/07. As on date, an amount of Rs.22,500/- will be payable (15 months x Rs.1,500/- - Rs.750/- per mensem each to the two children). If the petitioner pays the said amount of Rs.22,500/- along with costs of a further amount of Rs.1,000/- on or before 21/7/08, the learned Judge of the Family Court shall reckon the same as sufficient compliance with the condition imposed in the impugned order. The application shall stand allowed and the M.C. shall be disposed of afresh in accordance with law after giving notice to the learned counsel for the claimants. The amount of Rs.23,500/-, if deposited, shall forthwith be released to the claimants also. R.P.(FC) No. 203 of 2008 -: 3 :- 4. Considering the nature of the relief which I propose to grant, I am satisfied that it is not necessary to wait for issue and return of notice to the respondents/claimants in this revision petition. 5. In the result, this revision petition is allowed. If the petitioner pays an amount of Rs.23,500/- as shown above (towards the amount due to the two minor children and the costs on or before 21/7/08), the impugned order and the ex parte order passed shall stand set aside and the petition under Sec.125 of the Cr.P.C. shall be disposed of afresh. Needless to say, the learned Judge of the Family Court may, after 21/7/08, pass appropriate orders regarding interim maintenance also. If the amount is not paid, the learned Judge shall make a record of the same on 21/7/08 and thereupon the ex parte order shall stand reviewed and shall continue to remain in force. (R. BASANT, JUDGE) Nan/