IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 RPFC.No. 412 of 2007() ---------------------- MC.430/2006 OF THE FAMILY COURT, MALAPPURAM .................... REVISION PETITIONER/PETITIONER/RESPONDENT: -------------------------------------------------------------- ABDUL HAMEED, S/O. MUHAMMED, VELLAYIKKODE AMSOM, PUTHUR DESOM, PANTHIRANKAVU. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): RESPONDENTS/PETITIONERS: --------------------------------------- 1. MANGALASSERI NAFEESA, D/O. AHAMMED KUTTY, CHEEKODE AMSOM, KOLAMBALAM DESOM, VAZHAKKAD. 2. MUHAMMED ATHIL (MINOR) (MINOR REPRESENTED BY GUARDIAN MOTHER 1ST RESPONDENT/PETITIONER). ADV. SRI.P.C.SASIDHARAN FOR R1-2 THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - R.P.F.C.No. 412 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of December, 2008 O R D E R The petitioner has suffered an ex parte order under Section 125 Cr.P.C. directing him to pay maintenance at the rate of Rs.2,000/- p.m. to the claimant, his minor child. He filed an application to set aside the ex parte order. That application was also dismissed. The petitioner has hence come to this Court with a prayer that the ex parte order may be set aside and the petitioner may be granted an opportunity to contest the proceedings. There is a dispute raised about the paternity of the child. The learned counsel for the respondent contended that it is an apology of a contest and that there is no worthwhile plea raised or to be considered in the matter. 2. Be that as it may, in the course of discussions at the Bar, there is an agreement between the parties in response to the suggestions of the court. I am satisfied that the impugned ex parte order can be set aside and the petitioner can be granted an R.P.F.C.No. 412 of 2007 2 opportunity to contest the proceedings on appropriate terms and conditions. 3. In the result: a) This Crl.M.C. is allowed subject to conditions. b) The impugned ex parte order under Section 125 Cr.P.C. shall stand set aside and the learned Judge of the Family Court shall dispose of M.C.430 of 2006 afresh on the following terms and conditions. i) The petitioner shall deposit the entire amount of maintenance payable under the impugned order at the rate of Rs,1,250/- p.m. on or before 27.1.2009. ii) Such amount, if deposited, shall forthwith be released to the claimant. iii) The case shall be called again before the Family Court on 28.1.2009. If the amounts are paid, the learned Judge of the Family Court shall proceed to dispose of the case afresh in accordance with law as expeditiously as possible, at any rate, within a period of six months from that date. R.P.F.C.No. 412 of 2007 3 iv) If payment is not made by 27.1.2009, the learned Judge of the Family Court shall make a note of that fact on 28.1.09 and thereupon the impugned order shall continue to remain in force and shall be enforceable. v) Until the final disposal afresh of the case, the petitioner shall pay an amount of Rs.1,250/- as interim maintenance payable to the claimant child. Needless to say, credit shall be given to all amounts deposited in court during the pendency of the proceedings. (R. BASANT) Judge tm