IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 RPFC.No. 217 of 2008() ---------------------- AGAINST THE ORDER DATED 30/06/2008 IN CRL.M.P 360/2008 IN MC.220/2004 OF FAMILY COURT, THIRUVALLA .................... REVISION PETITIONER/PETITIONER ---------------------------------------------------- V.V. SUDHESAN, AGED 44 YEARS S/O. VASUDEVAN, VALIYAKALAYIL HOUSE KUMBAZHA, PATHANAMTHITTA. BY ADV. SRI.ASOK M.CHERIAN SRI.SANTHOSH G. PRABHU RESPONDENTS/RESPONDENTS: ------------------------------------------ 1. PRASEENA, AGED 35 YEARS, D/O. SULOCHANA PUTHENVEEDU, ATHUMBUMKULAM P.O. KONNY. 2. SANAJ V.S., AGED 14 (MINOR) REP. BY 1ST RESPONDENT, MOTHER PRASEENA, DO. DO. THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - R.P.F.C.No. 217 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2008 O R D E R Against the petitioner, an ex parte order was passed in M.C. 220 of 2004 obliging him to pay maintenance at the rate of Rs.2,500/- p.m. to the first claimant/wife and Rs.1,000/- p.m. to the second claimant/child. The petitioner filed an application to set aside the ex parte order. That application was allowed by the learned Judge of the Family Court on condition that he deposits one-third of the amount in arrears within a stipulated time. The petitioner did not deposit the said amount. He came to this Court challenging the said order. The challenge on merit was rejected. A last request was made that some further time may be granted to the petitioner to deposit the amount as directed by the Family Court. A weeks further time was granted to deposit the amount as ordered by the Family Court. The petitioner was directed to deposit the amount by 21.6.08. 2. The petitioner, instead of depositing the amount within the stipulated time, went before the Family Court and raised an R.P.F.C.No. 217 of 2008 2 ingenious contention. According to him one-third of the amount had already been deposited and therefore without insisting on any further deposit the Family Court was bound to set aside the ex parte order. 3. The learned Judge of the Family Court found that the attempt of the petitioner was only to indulge in jugglery of words and proceeded to dismiss the application. The petitioner has now come to this Court to challenge the said order. 4. I find absolutely no merit in the challenge raised. M.C.220 of 2004 directs payment of a total amount of Rs.3,500/- p.m. from the date of the petition. The specific direction in the order dt. 21.4.2008 setting aside the ex parte order on condition was: “Considering all these aspects further opportunity will be given to the petitioner to contest the petition oncondition of deposit of one-third of the amount in arrests till date in three weeks, failing which the petition shall stand dismissed.” The time for making such deposit was extended by this Court till 21.6.2008 by order dt. 13.6.2008 in RPFC 166 of 2008. No further indulgence was shown to the petitioner. He must have complied with R.P.F.C.No. 217 of 2008 3 the directions by 21.6.2008. He has evidently not complied with the direction. I do not, in these circumstances, find any merit in the M.C. 5. The learned counsel for the petitioner finally submits that the error had occurred on account of a wrong understanding of the order. He is willing to show his bonafides by depositing the entire amount due now. An indulgent further opportunity may be granted to the petitioner to make the payment and to get the ex parte order set aside. 6. Having considered all the relevant circumstances I am satisfied that the petitioner can be given one further opportunity. 7. Considering the nature of the relief which I propose to grant, I am satisfied that it is not necessary to wait for issue and return of notice to the respondent. 8. This revision petition is accordingly allowed. The following directions are issued. (1) If the petitioner deposits the entire amount due till 31.7.2008 as per order dt. 11.5.2005 before the Family Court on or before 1.8.2008, it shall be reckoned that the petitioner has complied with the terms of the order dt. 21.4.2008 in Crl.M.C. 696 of 2007 and the ex R.P.F.C.No. 217 of 2008 4 parte order passed in M.C. 220 of 2004 shall stand set aside. The entire amount, in that event, can be released to the claimants. The learned Judge of the Family Court must then proceed to dispose of M.C.220 of 2004 afresh as expeditiously as possible in accordance with law. Appropriate directions regarding adjustment of the amount paid can be issued by the learned Judge while finally disposing of M.C.220 of 2004 afresh. (2) The petitioner shall appear before the learned Judge of the Family Court on 1.8.2008. If amounts have not been paid as directed, the learned Judge shall make note of that fact and thereupon the ex parte order in M.C.220 of 2004 shall continue to remain in force. (R. BASANT) Judge tm