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. 188 of 2008() ---------------------- AGAINST THE ORDER DATED 4/4/2008 IN CMP.104/2008 IN MC.395/2007 of the FAMILY COURT, MALAPPURAM. .................... REVISION PETITIONER/ RESPONDENT: -------------------------------------------------------- PRASANTH.E.K, AGED 31 YEARS, S/O.UNNIKRISHNAN NAIR, KANHIRAPAAM, WANDOOR AMSOM KAPPIL DESOM, NILAMBUR TALUK. BY ADV. SRI.K.M.SATHYANATHA MENON SRI.M.V.ANANDAN SMT.SMITHA S.PARAKKAL RESPONDENT: PETITIONER: ------------------------------------------- PRASEENA.T, AGED 24 YEARS, D/O.BHANUMATHI AMMA, VAZHIKKADAVU, KADANNAMANNA.PO., MANKADA AMSOM DESOM, PERINTHALMANNA TALUK. BY 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. 188 of 2008 ------------------------------------------------- Dated this the 18th day of July, 2008 ORDER The petitioner had suffered an ex parte order under Sec.125 Cr.P.C. obliging him to pay maintenance at the rate of Rs.1,200/- and Rs.600/- per mensem respectively to the claimants – admittedly his wife and child. The petitioner filed an application to set aside the ex parte order. That application was dismissed by the impugned order holding that sufficient reasons have not been shown to exist and that the short delay in filing the application has not been properly explained. 2. The petitioner has come to this Court with a grievance that the impugned order does not realistically take note of all the relevant circumstances. The learned counsel for the petitioner submits that to show his bona fide, he has already remitted the entire amount due under the impugned ex parte R.P.(FC) No. 188 of 2008 -: 2 :- order as directed by this Court on 24/6/08. The petitioner is seriously interested in ensuring that there is resumption of cohabitation. In these circumstances, the impugned order may be set aside, the ex parte order may also be set aside and the learned Judge of the Family Court may be directed to dispose of the case afresh. The error on the part of the petitioner in not appearing before the learned Judge of the Family Court and in not applying within the stipulated time may be condoned taking a lenient view subject to any appropriate conditions, submits the learned counsel for the petitioner. 3. The respondent has been served; but there is no appearance. I have heard the learned counsel for the petitioner. I find merit in the submission of the learned counsel for the petitioner that a lenient view can and ought to be taken in the facts and circumstances of this case. Appropriate conditions can, of course, be imposed I am of the view that the offer made by the petitioner is absolutely justified. 4. In the result: (a) This revision petition is allowed subject to conditions. (b) The impugned order and the ex parte order in M.C.No.395/07 shall stand set aside on the following terms and conditions: (i) The petitioner shall deposit the entire amount due under the impugned order till 31/8/08 before the Family Court R.P.(FC) No. 188 of 2008 -: 3 :- on or before 1/9/08. (ii) The impugned direction to pay maintenance at the rate of Rs.1,200/- and Rs.600/- per mensem respectively shall be reckoned as interim direction for payment of maintenance and the same shall be continued to be paid till the disposal of the M.C. (iii) The entire amounts deposited by now and to be deposited as per this order shall forthwith be released to the claimants. (iv) The petitioner shall appear before the leaned Judge of the Family Court on 2/9/08 to continue the proceedings. (v) The learned Judge of the Family Court shall dispose of M.C.No.395/07 afresh in accordance with law. (vi) If the petitioner does not deposit the amounts as directed in this order as also the order dated 24/6/08 on or before 1/9/08, the learned Judge of the Family Court shall record that fact on 2/9/08 and thereupon the impugned ex parte order shall continue to remain in force. (R. BASANT, JUDGE) Nan/ R.P.(FC) No. 188 of 2008 -: 4 :- R. BASANT, J. ------------------------------------------------- R.P.(FC)NO. 188 OF 2008 ------------------------------------------------- Dated this the 24th day of June, 2008 ORDER Heard. Admitted. Issue notice to the respondent by speed post with acknowledgment due. Simultaneously give notice to the learned counsel for the respondent who is appearing in the application to execute the impugned order under Sec.125 of the Cr.P.C. which is said to be pending before the Family Court. I.A.No.6195/08: The execution of the order under Sec.125 of the Cr.P.C. shall stand stayed on condition that the petitioner deposits the entire amount due under the impugned order till this day before the Family Court within a period of 15 days from this date. Credit shall, of course, be given to the amount, if any, already deposited. Call on 9/7/08. (R. BASANT, JUDGE) Nan/