IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 RPFC.No. 248 of 2010() ---------------------- AGAINST THE ORDER DATED 05/10/2009 IN CMP.NO.1889/2009 IN MC.394/2009 of FAMILY COURT, MALAPPURAM. .................... REVISION PETITIONER/PETITIONER/RESPONDENT: ---------------------------------------------------------------------------- KHAIRUDHEEN THACHARAMBAN, 39 YEARS, S/O.KOMU HAJI, "GREEN VIEW", CHEMMANGATTU HOUSE, VETTATHU P.O., MAMBURAM, THIRURANGADI TALUK, MALAPPURAM DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER MUSHTHAQUE AHAMMED. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENTS:PETITIONERS: ------------------------------------------------------------------------- 1. M.P.NASEERA, D/O.MUHAMMED KUTTY HAJI(LATE), 27 YEARS, MADARI PORKKUDATHIL HOUSE, P.O.MUNNIYOOR, THIRURANGADI TALUK, MALAPPURAM DISTRICT. 2. SUMEERSHAKHANNU, 10 YEARS (MINOR), S/O.M.P.NASEERA, MADARI PORKKUNDATHIL HOUSE, P.O.MUNNIYOOR, THIRURANGADI TALUK, MALAPPURAM. 3. SHAHINSHA, 5 YEARS, (MINOR), S/O.M.P.NASEERA, MADARI PORKKUNDATHIL HOUSE, P.O.MUNNIYOOR, THIRURANGADI TALUK, MALAPPURAM. THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. ------------------------------------------ R.P (FC) No. 248 of 2010 ---------------------------------------- Dated the 6th October, 2010 ORDER Revision petitioner herein is the sole respondent in M.C.No.394 of 2009 pending before the Family Court, Malappuram which is a proceedings instituted at the instance of the wife and children of the revision petitioner under section 125 Cr.P.C. 2. By order dated 5.10,2009, in the above proceedings, which is an ex parte proceedings, the Family Court directed the revision petitioner to pay maintenance to the claimants therein at the rate of Rs. 4000/-, Rs.2000/- and Rs.1000/- respectively. Aggrieved by the above order, the revision petitioner through his power of attorney holder, preferred CMP No.1889/2009 to set aside the ex parte order and the Family court by order dated 29.3.2010 allowed the said petition on condition that the revision petitioner deposits the entire arrears accrued in the M.C. and 20% of the decretal amount in O.P., on or before 12 noon of 19.4.2010. It is against the above order, the revision petitioner R.P.(FC) 248/10 -:2:- approached this Court. 3. I have heard Sr. V.N.Ramesan Nambisan, the counsel appearing for the revision petitioner and also perused the order impugned in this Crl.R.P. 4. The learned counsel vehemently submitted that the revision petitioner has no job and he had left for gulf countries in search of a job and now he obtained a job as a driver and he is having only a megre income. Thus the income now getting as a driver is not sufficient to meet his own expenses and he has also to maintain his aged parents. Thus according to the learned counsel, the amount ordered by the court below is highly arbitrary and illegal and he is not in a position to comply with the condition. 5. Of course, the claim of the respondents was allowed by an ex parte order. However, on the basis of the petition filed by the revision petitioner to set aside the ex parte order, the Family court allowed the petition and offered an opportunity to the revision petitioner set out his defence. I find no reason to interfere with the conditions R.P.(FC) 248/10 -:3:- stipulated by the Family court for setting aside the ex parte order. It is a fact that the revision petitioner has no dispute with respect to the marriage between himself and the first respondent and he is not denying the same and the paternity of claimants 2 and 3. It is also a fact that though the claim petition was filed on 30.4.2009, not even a single pie was given towards maintenance. Having regard to the facts and circumstances involved in the case, I am of the view that this Crl.R.P. can be disposed of granting instalment facilities to the revision petitioner to deposit the amount ordered by the court below. In the result, this Crl.R.P. is disposed of directing the revision petitioner to deposit the entire amount ordered by the Family court in four equal monthly instalments and the first instalment shall be deposited within one month from today and the payment of subsequent instalments shall be made on expiry of one month time from each payment and the revision petitioner is directed to deposit a sum of Rs.15,000/- in the Family court Malappuram within one month from today and on deposit of the above R.P.(FC) 248/10 -:4:- amount, the Family court Malappuram is directed to take up the petition, i.e. CMP No.1889/2009 for consideration and dispose of the same on merit. It is made clear that if there is any default in paying the amount as per the instalment facility granted to the petitioner, it is for the Family court to take appropriate steps to execute the order passed by the said court. It is also made clear that on deposit of the cost of Rs.15,000/-, the respondents are free to withdraw the same. This R.P.(F.C) is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/-