IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 17755 of 2008(S) ----------------------------------- AGAINST THE COMMON ORDER IN IA.189/08 IN OP.409/07, IA.190/08 IN OP.410/07 C.M.P.102/08 IN M.C.642/07 AND CMP.103/08 IN M.C.210/07 OF THE FAMILY COURT, MALAPPURAM. PETITIONER: ------------------- M.P.VASUDEVAN, S/O.LATE KRISHNAN, MELEPURAKKAL VEEDU, CHAPPANANGADI P.O., MALAPPURAM. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT: ------------------------ 1. PATTIPARAMBIL SUSEELA, D/O.VELAYUDHAN, KEEZHATTOOR POST, MALAPPURAM DISTRICT. 2. SIVADEV (MINOR) 3. VISHALDEV (MINOR) 4. VIDISHA (MINOR) 5. SUSEELA'S DAUGHTER (MINOR) RESPONDENTS 2 TO 5 REPRESENTED BY MOTHER 1ST RESPONDENT. RESPONDENTS 2 TO 5 REPRESENTED BY MOTHER IST RESPONDENT. ADV. SRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.17755/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF ORDER DTD. 26/11/07 IN OP.409/07 BEFORE THE FAMILY COURT, MALAPPURAM. EXT.P1A TRUE COPY OF ORDER IN OP.410/07 DTD. 26/11/07 BEFORE THE FAMILY COURT, MALAPPURAM. EXT.P1B TRUE COPY OF THE ORDER IN MC.210/07 DTD. 26/11/07 BEFORE THE FAMILY COURT, MALAPPURAM. EXT.P1C TRUE COPY OF THE ORDER DTD. 26/11/07 IN MC. 642/07 OF FAMILY COURT, MALAPPURAM. EXT.P2 TRUE COPY OF COMMON ORDER DTD. 22/5/08 IN IA.189/08 INOP.NO.409/07 I.A.190/08 IN OP.410/07, CMP.102/08 IN MC.642/07 AND CMP.103/08 IN MC.210/07 OF THE FAMILY COURT, MALAPPURAM. P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ------------------------------- W.P.(C)NO. 17755 OF 2008 ------------------------------- Dated this the 18th day of December, 2008 JUDGMENT Raman,J. Petitioner filed O.P.No.409/2007 and 410/2007 before the Family Court, Malappuram for various reliefs as against the respondents. The respondents in turn filed M.C.No.210/2007 and 642/2007, which are applications for maintenance. The Family Court, after setting the petitioner ex parte, allowed M.C.Nos.210 & 642/2007 and dismissed O.P.Nos.409 & 410/2007 filed by the petitioner. Thereupon, the petitioner filed applications seeking to restore the O.Ps. and also to set aside the ex parte orders in the M.Cs. By Ext.P2 common order those applications were allowed and the O.Ps. filed by the petitioner were restored to file on condition that he shall deposit an amount of Rs.5,000/- each in the two cases and an amount of Rs.1,000/- each by way of cost and also directed to deposit the entire arrears of maintenance. At the -2- WP(C).No.17755/2008 time of admission, this Court granted an interim stay on condition that the petitioner shall deposit the amount awarded at the rate of Rs.5,000/- each as costs in two O.Ps., Rs.1,000/- each as costs in two C.M.Ps. And 50% of the arrears of maintenance. The petitioner has deposited an amount of Rs.27,500/- which has been withdrawn by the respondents herein. In the factual situation, we do not think the amount of costs awarded is in any way high or excessive. However, the Family Court also directed to deposit the entire arrears of maintenance. Since the very orders passed in the M.Cs. Stand set aside giving an opportunity to the petitioner to contest the matter, we think it will not be proper to direct the petitioner to deposit the entire amount awarded by way of arrears of maintenance as a condition for such restoration. In the circumstances, 50% of the amount which has already been deposited will be sufficient compliance and the Family Court will re-determine the maintenance to be awarded and the deposited amount (i.e.50% towards maintenance excluding cost) will be given -3- WP(C).No.17755/2008 due credit while passing final orders. The Family Court may dispose of the matter as expeditiously as possible, at any rate, within four months. Writ Petition is disposed of as above. Sd/- P.R.RAMAN, Judge. Sd/- T.R.RAMACHANDRAN NAIR, Judge. kcv.