THE HONOURABLE SRI JUSTICE N.V. RAMANA AND THE HONOURABLE SRI JUSTICE B. CHANDRA KUMAR F.C.A. No. 215 of 2009 ORDER: (Per Hon’ble Sri Justice B. Chandra Kumar) This Family Court Appeal is directed against the order dated 30.06.2009 passed in F.C.O.P. No. 11 of 2009 on the file of the learned Judge, Family Court-cum-Additional District Judge, Vizianagaram. Appellant and respondent are the husband and wife. The respondent-wife filed F.C.O.P. No. 11 of 2009 before the lower Court, claiming monthly maintenance of Rs. 25,000/- from the appellant- husband. The respondent-wife filed her affidavit in lieu of chief- examination on 31.03.2009 and the matter was posted for her cross- examination. However, the appellant did not appear before the lower Court to cross-examine the respondent and then the lower Court imposed costs of Rs.100/- on the appellant and adjourned the matter for cross-examination of the respondent. In spite of imposing costs and giving an opportunity to cross-examine the respondent, the appellant did not appear before the lower Court to cross-examine the respondent. In the circumstances, the lower Court ordered the O.P. filed by the respondent, granting her maintenance of Rs.5,000/- per month from the date of petition and directing the appellant to pay the said amount on or before of 10th of every month. Aggrieved thereby, the appellant filed the present appeal. At the hearing, learned counsel for the appellant as well as the respondent have submitted that the order under appeal is not the one which was passed on merits and thus the same may be set aside and the matter may be remanded to the lower Court, by giving an opportunity to the appellant to contest the matter. In view of the above submission of the learned counsel and as the contents of the order under appeal reveal that the order was not passed on merits, we are of the opinion that it is always better that the matters are disposed of on merits. Hence, we deem it appropriate to dispose of the appeal as under: “The order under appeal is set aside and the matter is remanded to the lower Court for fresh disposal in accordance with law. However, the interim order dated 05.08.2009 passed by this Court in F.C.A.M.P. No. 425 of 2009 shall be continued till final orders are passed in F.C.O.P. No. 11 of 2009. The lower Court shall dispose of the matter as expeditiously as possible.” The appeal is accordingly disposed of. No order as to costs. __________________ JUSTICE N.V. RAMANA _______________________ JUSTICE B. CHANDRA KUMAR 22nd November, 2010 IBL