IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 RPFC.No. 201 of 2008() ---------------------- MC.293/2001 of Family Court, Thrissur .................... : REVISION PETITIONER/RESPONDENT --------------------------- MANY @ PREMKUMAR AGED 42 YEARS, S/O. KANAKA KOROT HOUSE, PULINCHODU DESOM P.O. PULINCHODU, EDATHIRUTHY VIA KODUNGALLUR TALUK, THRISSUR BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS/PETITIONERS: ------------- 1. MINI, AGED 33 YEARS, D/O. CHARICHEDY APPUKUTTAN,KOOTTALAPARAMBU P.O., CHENTHRAPPINNI VILLAGE, KODUNGALLUR TALUK 2. MINOR CHINNU, AGED 12 YEARS 3. MINOR MONISHA, AGED 10 YEARS, MINORS 2 AND 3 REPRESENTED BY GUARDIAN, MOTHER IST RESPONDENT MINI. BY ADV. SRI.P.K.SAJEEV FOR R1 TO 3 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- R.P.F.C.No.201 of 2008 ---------------------------------------- Dated this the 2nd day of July 2008 O R D E R The petitioner was obliged to answer a claim under Section 125 Cr.P.C pending before the Family Court. That claim was raised by his wife and his two minor children. On 14/3/2008 as the petitioner was absent, he was set ex parte and an ex parte order under Section 125 Cr.P.C was passed. The petitioner filed an application to set aside the ex parte order. That order was allowed on condition that the petitioner deposits an amount of Rs.5,000/- which was to be credited towards the arrears of interim maintenance due. The petitioner did not pay such amount. The application to set aside the ex parte order was thus dismissed. The petitioner, thereafter has come to this court with this R.P.F.C with a petition to condone the delay of 156 days. He challenges the exparte order passed. 2. I have heard the learned counsel for the petitioner as also the learned counsel for the respondent. I am satisfied that further opportunity can be given to the petitioner to deposit the entire arrears of interim maintenance within a stipulated time. If such payment is made, it can be directed to be released to the R.P.F.C.No.201/08 2 claimants forthwith and the learned Judge of the Family Court can be directed to dispose of the matter afresh in accordance with law. This course is agreed upon. Accordingly this petition is allowed. 3. In the result, this petition is allowed. The impugned order dated 30/6/2007 in M.C.No.293/2001 shall stand set aside and M.C.No.293/01 shall be disposed of afresh by the learned Judge of the Family Court on condition that the entire amount of interim maintenance payable up to 31/7/2008 shall be paid/deposited before the Family Court on or before 11/8/2008. If such payment is made, the same shall be released to the claimants forthwith. 4. Parties shall appear before the learned Judge of the Family Court on 14/8/2008. If amounts are not paid as directed, the learned Judge of the Family Court shall make record of that fact and thereupon the impugned order shall stand revived. (R.BASANT, JUDGE) jsr R.P.F.C.No.201/08 3 R.P.F.C.No.201/08 4 R.BASANT, J R.P.F.C.No. ORDER 11/02/2008