IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 21644 of 2008(S) -------------------------- AGAINST THE ORDER DATED IN IA 748/2008 IN OP.664/2005 of FAMILY COURT, THIRUVALLA .................... PETITIONER: ------------ PRASAD, KANNANKARATHU VEEDU KODUMON PO.,KODUMON VILLAGE ADOOR TALUK. BY ADV. SRI.N.SURESH SRI.JIJI MATHEW RESPONDENTS: ------------- N.VASANTHA KUMARI. MURIPPUKALA KIZHAKKETHIL , EDATHITTA MURI, KODUMON VILLAGE, ADOOR TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- W.P.(C) No.21644 of 2008 ---------------------------------------------- Dated 22nd July, 2008. J U D G M E N T Kurian Joseph, J. Petitioner is aggrieved by Ext.P1 order passed by the Family Court, Thiruvalla, setting aside the ex parte decree passed against the petitioner, on deposit of Rs.20,000/- towards maintenance, on or before 30.5.2008. It was also made clear in the order that in the event of default of the deposit, the petition would stand dismissed. It is seen from the order that it is an agreed order. Learned counsel for the petitioner submits that there was no such agreement for the deposit of Rs.20,000/-. It is true that the parties did not have any objection in the ex parte order being set aside. But, there was no agreement for deposit of Rs.20,000/- towards maintenance, it is submitted. Still further, it is submitted that since the petitioner has no liability to pay maintenance, the order for deposit of the amount by way of maintenance would cause serious prejudice to the petitioner. It is also submitted that if the petition is allowed on terms regarding costs, the parties would have no objection, and no prejudice would be caused to them. WP(C) NO.21644/08 2 2. These are all matters for the petitioner to bring to the notice of the Family Court, by way of review of Ext.P1 order, in which case all the contentions and submissions will be considered by the Family Court. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- W.P.(C) No.21644 of 2008 ---------------------------------------------- J U D G M E N T Dated 22nd July, 2008.