IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 RPFC.No. 107 of 2010() ---------------------- MC.61/2008 of FAMILY COURT, MALAPPURAM .................... REVISION PETITIONER/RESPONDENT:- ERIYADAN MUSTHAFA, S/O. MUHAMMEDKUTTY, ERIYADAN HOUSE, KANNATTIPADI POST, VENGARA VIA., MALAPPURAM DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER M.MOIDEENKUTTY, S/O. KUNHAHAMED, MANAMMAL HOUSE, MUNNIYOOR P.O.,THIROORANGADI, MALAPPURAM DISTRICT. BY ADV. MR. BABU S. NAIR MS. M.T.SHEEBA RESPONDENTS/PETITIONERS:- 1. KARIMBIL MIKACHA UMMUHABEEBA, W/O. ERIYADAN MOHAMMED MUSTHAFA, KARIMBIL MIKACHA HOUSE, TIROORANGADI AMSOM. KAKKAD DESOM, THIROORANGADI TALUK, MALAPPURAM DISTRICT. 2. MUBASHIRA - MINOR, D/O. ERIYADAN MUHAMMED MUSTAFA, REPRESENTED BY THE 1ST RESPONDENT - MOTHER - GUARDIAN. 3. MUSAMMIL - MINOR, S/O. ERIYADAN MUHAMMED MUSTAFA, REPRESENTED BY THE 1ST RESPONDENT - MOTHER - GUARDIAN. ADV. MR. P.VIJAYA BHANU FOR R1 MR. P.VENUGOPAL (1086/92) FOR R1 ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- R.P. (F.C.) No. 107 of 2010 ---------------------------------------------------- Dated this the 16th day of March, 2010. ORDER The revision petitioner who was the respondent in M.C. No. 61 of 2008 on the file of the Family Court, Malappuram, challenges the ex parte order dated 21.02.2008 as per which the revision petitioner was directed to pay monthly maintenance at the rate of Rs.3000/- to the 1st respondent and at the rate of Rs.1,500/- and Rs.1000/- respectively to respondents 2 and 3 from the date of petition namely 17.01.2008. The said order was passed under Section 125 of the Cr.P.C. 2. I heard the learned counsel for the revision petitioner and the learned counsel for the respondents. It is admitted that the revision petitioner has so far deposited Rs.55,000/- towards the arrears of maintenance the total of which works out to about Rs.1,32,500/-. The respondents have been permitted to withdraw the amounts already deposited. The petitioner has not so far filed any R.P. F.(C) No. 107/2010 : 2 : application for setting aside the ex parte order by recourse to the proviso of Section 126(2) Cr.P.C. The petitioner will be given an opportunity to file an application to set aside the ex parte order in case he makes a further deposit of Rs.20,000/- (Rupees twenty thousand only) before the Family Court, Malappuram within one month from today and continues to deposit towards future maintenance at the rate of Rs.3,500/- (Rupees three thousand and five hundred only) per month. In case the petitioner files an application for setting aside the ex parte order within three weeks from today, it shall be entertained by the Family Court without insisting on the bar of limitation provided the petitioner complies with the above directions regarding deposit. It shall be permissible for the respondents to withdraw the amounts as and when they are deposited. This revision is disposed of as above. Dated this the 16th day of March, 2010. V. RAMKUMAR, JUDGE. R.P. F.(C) No. 107/2010 : 3 : rv