IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 RPFC.No. 143 of 2008() ---------------------- AGAINST THE ORDER DATED 22/03/2008 IN CMP.2442/2007 IN MC.536/2006 OF FAMILY COURT, PALAKKAD .................... REVISION PETITIONER/COUNTER PETITIONER ------------------------------------------------------- SUDHEER, AGED 37 YEARS, S/O.SREEDHARA PANICKER @ SREEDHARAKURUPPU, SUDINA KALARIKKAL HOUSE, PULLUTE DESOM, PULLUTE VILLAGE, PULLUTE NORTH P.O., KODUNGALLUR TALUK. BY ADV. SRI.K.P.BALAGOPAL RESPONDENTS: PETITIONERS ------------------------ 1. VALSALA, AGED 31 YEARS, D/O.SETHUMADHAVA PANICKER, KALARIKKAL, UMMANAZHI P.O., PULAPPATTA (VIA), OTTAPPALAM TALUK. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.M.V.BOSE FOR R1 SRI.VINOD MADHAVAN FOR R1 SMT.NISHA BOSE FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 30/07/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - R.P.F.C.No. 143 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2008 O R D E R The petitioner has suffered an ex parte order directing him to pay maintenance at the rate of Rs.1,500/- p.m. to the claimant, admittedly his wife. 2. Marriage and separate residence are admitted. There is no specific offer to maintain the wife on condition that she lives with him. The petitioner was set ex parte and it was accordingly that the impugned direction was issued to pay maintenance at the rate of Rs.1,500/- p.m. He filed an application to set aside the ex parte order. That was dismissed by the learned Judge of the Family Court by the impugned order. The petitioner claims to be aggrieved by the impugned order. He prays that the impugned order may be set aside and he may be given an opportunity to substantiate his contentions. 2. The respondent has entered appearance. An amount of Rs.49,000/- has already been deposited and the same has been R.P.F.C.No. 143 of 2008 2 released to the wife. I am satisfied that the impugned order can be set aside as agreed after stipulating appropriate conditions. 3. In the result: (a) This revision petition is allowed. (b) The impugned order shall stand set aside and the learned Judge of the Family Court shall dispose of M.C. 536 of 2006 afresh, on condition that the petitioner deposits a further amount of Rs.24,500/- on or before 1.9.2008. © The parties shall appear before the Family Court on 2.9.2008. If the amount is deposited, the learned Judge shall forthwith release the same to the claimant/wife and shall proceed to dispose of the M.C. Afresh. If payment is not made, the learned Judge shall make note of that fact on 2.9.2008 and thereupon the impugned order shall continue to remain in force and shall be enforcible. (R. BASANT) Judge tm R.P.F.C.No. 143 of 2008 3