IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 RPFC.No. 244 of 2007() ---------------------- MC.119/2005 of Family Court, MALAPPURAM .................... REVN. PETITIONER/RESPONDENT ------------------------------------------------ KUNHIMUHAMMED HAJI, S/O. HASSAN, VADAKEPURATH HOUSE, NARUKARA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): PETITIONERS -------------------------------------- 1. ITHEEMA, D/O. KUNHIMMU, KURIYODATH HOUSE, ARIMBRA, MALAPPURAM DISTRICT. 2. FARSANA - MINOR - REPRESENTED BY THE 1ST RESPONDENT - MOTHER - GUARDIAN. 3. FASNA - MINOR - REPRESENTED BY THE 1ST RESPONDENT - MOTHER - GUARDIAN. ADV. SRI.E.NARAYANAN FOR R1 TO 3 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 244 OF 2007 = = = = = = = = = = = = = = = Dated this the 28th day of January, 2010. O R D E R This revision is preferred against the exparte order passed by the Family Court, Manjeri in M.C.119/05. The revision petitioner was directed to pay Rs.1,200/- to the wife, Rs.800/- to the first child and Rs.600/- to the 2nd child. The bone of contention between the parties is the question of paternity of the 2nd child. It is submitted by the learned counsel for the revision petitioner that earlier there was an order passed and in an appeal it was set aside and the matter was remitted back and thereafter the parties subjected to a DNA test and a report was received and in that report the husband had filed objections. There was no negligence on the part of the husband in prosecuting the case but unfortunately he was set exparte and therefore prays an opportunity to be given for contesting the matter. R.P.(F.C.) NO. 244 OF 2007 -:2:- Learned counsel for the respondent had strongly objected in giving an opportunity but after hearing both the sides and considering the facts and circumstances of the case I dispose of the R.P.(FC) with a condition that the husband shall pay at the rate of Rs.1000/- to the wife and Rs.500/- to the child till a final decision is taken in the matter. If there is consecutive default of making the payment of maintenance for two or more months the husband shall forfeit the benefit granted by this order. The parties are directed to appear before the Court below on 1.3.2010 and an opportunity be given to both the sides to produce documentary as well as oral evidence and contest their case in accordance with law. M.N. KRISHNAN, JUDGE. ul/-