IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 27TH AUGUST 2010 / 5TH BHADRA 1932 RPFC.No. 305 of 2010() ---------------------- MC.476/2009 of FAMILY COURT, MALAPPURAM .................... REVISION PETITIONER/APPELLANT/RESPONDENT: ---------------------------------------------------------------------------- MUHAMMED ALI,S/O.VALARTHODI ENTHEEN, VALIYAPARAMBIL HOUSE, VALAMBOOR AMSOM DESOM, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): PETITIONERS: ------------------------------------------------- 1. SOUDA, D/O.ERANHIKKAL MOHAMMED, SANTHAPURAM, PATTIKAD PO., PERINTHALMANNA - PIN-679 325. 2. MUNBEEBA (MINOR) 3. SAKKIYA (MINOR) 4. SWALIH (MINOR) (MINOR RESPONDENTS ARE REPRESENTED BY GUARDIAN MOTHER 1ST RESPONDENT) THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 27/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J. ------------------------------ R.P.(F.C.) No.305 OF 2010 ------------------------------ Dated this the 27th day of August, 2010 O R D E R ~~~~~~~~ The petitioner is the respondent in M.C.No.476/2009 on the file of the Family Court, Malappuram. The respondents, who are the wife and three children of the petitioner, filed the above petition before the Family Court under Section 125 of the Code of Criminal Procedure against the petitioner herein seeking an order to pay separate maintenance. The petitioner remained exparte. Consequently, the petition was disposed of exparte directing the petitioner to pay maintenance at the rate of Rs.3,000/-, Rs.2,500/- and Rs.2000/- respectively to the respondents 2 to 4. Seeking order to set aside the exparte order, the petitioner preferred I.A.No.584/2010. While allowing the petition, the learned Judge imposed a condition that the petitioner shall deposit 75% of the entire arrears of maintenance and 50% of the past maintenance decreed. Assailing the order so far as it directs deposit of 75% of the arrears of maintenance, the revision petition was filed. R.P.(F.C.)No.305/2010 2 2. According to the petitioner, the total amount to be deposited would come to Rs.1,12,500/- and that the petitioner is only a worker along with a contractor and that the amount ordered to be deposited is very high resulting defeating the order allowing the petition. 3. Having heard the learned counsel for the petitioner, I find some merit in the submission. I find that a modification is warranted and that direction to deposit 50% of the entire arrears of maintenance would meet the ends of justice. 4. In the result, the petition is allowed in part and the impugned order so far as the deposit of 75% of arrears of maintenance shall stand reduced to deposit of 50%. The petitioner is permitted to deposit the same in two equal monthly instalments. The first half shall be deposited on or before 3.9.2010 and the 2nd half shall be deposited on or before 4.10.2010. (P.S.GOPINATHAN, JUDGE) ps