IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 RPFC.No. 221 of 2008() ---------------------------------------- (AGAINST THE JUDGMENT IN M.C.NO.171/2006 OF FAMILY COURT, NEDUMANGAD) ................... REVISION PETITIONER: COUNTER PETITIONER: ------------------------------------------------------------------------- ASOKAN, S/O.KUNJURAMAN, AGED 38 YEARS, HARIDASAMANDIRAM, KILIMANOOR VILLAGE, CHIRAYINKEEZHU TALUK, (NOW RESIDING AT ASOKA ANANDA ASRAMAM, PANDIYANPARA, VENIKKUMALA VILLAGE) BY ADV. SRI. K.SIJU RESPONDENTS: PETITIONERS: ----------------------------------------------- 1. BEENA, AGED 36 YEARS, D/O.SUBHASHINI, PUNNAVILA VEEDU, PALAYAMKKUNNU, AYIROOR VILLAGE, CHIRAYINKEEZHU TALUK. 2. TINI, D/O.ASOKAN, AGED 13 YEARS, MINOR, RESIDING AT PUNNAVILA VEEDU, PALAYAMKKUNNU, AYIROOR VILLAGE, CHIRAYINKEEZHU TALUK. 3. AKHILA, D/O.ASOKAN, AGED 8 YEARS, MINOR, PUNNAVILA VEEDU, PALAYAMKKUNNU, AYIROOR VILLAGE, CHIRAYINKEEZHU TALUK. ADV. SRI.T.M.ABDUL LATHEEF FOR R1 TO 3 SRI.A.MOHAMED RASHEED FOR R1 TO R3 SMT.MIJI JOHN FOR R1 TO R3 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- R.P.(FC) No. 221 of 2008 ------------------------------------------------- Dated this the 18th day of July, 2008 ORDER In this RP(FC), the petitioner assails an order passed under Sec.125 Cr.P.C. directing him to pay maintenance to his wife and two children under Sec.125 Cr.P.C. By the ex parte order passed by the Family Court, the petitioner has been directed to pay an amount of Rs.750/- each per mensem to all the three claimants from the date of the petition i.e., 7/8/06. The petitioner filed an application to set aside the ex parte order. That petition was also finally dismissed by the learned Judge on the ground that the amounts have not been paid as directed. 2. The learned counsel for the petitioner submits that the petitioner has already deposited an amount of Rs.27,000/- and is willing to deposit the entire amount due under the impugned ex parte order. On condition that the petitioner deposits the R.P.(FC) No. 221 of 2008 -: 2 :- amount within the stipulated time, this revision petition may be allowed. The petitioner does not now want to challenge the order of maintenance granted in favour of his children; but so far as the wife is concerned, he may be given an opportunity to contest the proceedings, submits the learned counsel for the petitioner. The petitioner is willing to show his bona fides by depositing the entire amount due under the impugned order. It is further agreed in response to a specific query by this Court that the petitioner can be directed to continue to pay the amount of maintenance to the wife as interim maintenance till the case is disposed of afresh by the Family Court. 3. The respondents have entered appearance; but I find that there is no representation today. Having considered all the relevant circumstances, I am satisfied that the petitioner, about whose bona fides I am satisfied by the nature of the undertaking made by the counsel, can be given a further opportunity to contest the claim for maintenance in so far as the claimant/wife is concerned. 4. In the result: (a) This revision petition is allowed in part. (b) The impugned order, in so far as it relates to the claimant/wife i.e., the 1st respondent herein, shall stand set aside on the following terms and conditions: (i) The petitioner shall deposit the entire amount due R.P.(FC) No. 221 of 2008 -: 3 :- under the ex parte order passed in M.C.171/06 till 31/8/08 to all the claimants before the Family Court on or before 1/9/08. (ii) If the amounts are so deposited, the same shall be released to the claimants forthwith. (iii) The order passed under Sec.125 Cr.P.C. in favour of the claimants 2 and 3 – the children of the petitioner, is upheld. (iv) The petitioner shall continue to pay the amount of Rs.750/- per mensem to the 1st claimant – his wife, till the fresh disposal of M.C.No.171/06 reckoning the same as a direction for payment of interim maintenance. (v) All amounts remitted shall forthwith be released to the claimants. (vi) The petitioner and the respondents shall appear before the Family Court on 2/9/08. On that day if the direction for payment of amounts is complied with, the learned Judge shall dispose of M.C. No.171/06 afresh. (vii) If the amounts are not paid as directed, the learned Judge shall record that fact on 2/9/08 and thereupon the ex parte order in M.C.No.171/06 shall continue to remain in force. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge