IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 OP (FC).No. 3194 of 2011(R) --------------------------- PETITIONER/1S RESPONDENT -------------------------------------------- KISHORE, S/O.SADANANDAN, PUTHUKARY VAYAL THITTA VEEDU, CHIRAYINKEEZH DESOM, SARKARA VILLAGE, NOW WORKING IN PERSIA, REPRESENTED BY HIS P/A. HOLDER BABU, B/O.KISHORE. BY ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE RESPONDENT(S)/PETITIONERS: -------------------------------------------- 1. SHAIJA, D/O.SASIDHARAN, TC.29/698, SEEVELI NAGAR, PALKULANGARA-695 024, PETTAH VILLAGE,THIRUVANANTHAPRUAM. 2. K.S.AISWARYA, MONOR, D/O.SHYJA, TC.29/698, SEEVELI NAGAR, PALKULANGARA-695 024, PETTAH VILLAGE,THIRUVANANTHAPRUAM. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (FC).No. 3194 of 2011(R) --------------------------------------- APPENDIX ---------------- PETITIONER(S) EXHIBITS ------------------------------------ EXHIBIT P1. TRUE COPY OF THE ORDER DATED 31.5.2010 IN O.P 412/2006 ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM. EXHIBIT P2. TRUE COPY OF I.A 1886/2010 IN O.P 412/2006 FILED BY THE PETITIONER. EXHIBIT P3. TRUE COPY OF THE POWER OF ATTORNEY. EXHIBIT P4. TRUE COPY OF THE OBJECTION FILED BY THE IST RESPONDENT TO I.A 1886/2010 IN O.P 412/2006. EXHIBIT P5. TRUE COPY OF THE ORDER DATED 23.8.2011 IN I.A 1886/2010 IN O.P 412/2006. RESPONDENTS' EXHIBITS NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE VK R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * O.P.(F.C.) No.3194 of 2011 ---------------------------------------- Dated this the 10th day of October 2011 J U D G M E N T R.BASANT,J The petitioner's wife and child claimed maintenance from the petitioner. The petitioner was set ex parte and maintenance was awarded at the rate of Rs.2,000/- per mensum each to the wife and child of the petitioner. The petitioner filed an application to set aside the ex parte order. That petition was allowed subject to conditions. It was directed that the petitioner must deposit 75% of the amount awarded within a period of thirty days as condition to set aside the ex parte order. The petitioner claims to be aggrieved by the impugned order. It is argued that the condition imposed is onerous and the petitioner, who is a driver employed abroad, is unable to comply with the condition. In these circumstances, it is prayed that the extraordinary constitutional jurisdiction under Article 227 of the Constitution of India may be invoked to interfere with the impugned order. 2. We have heard the learned counsel for the petitioner. O.P.(F.C)No.3194 of 2011 2 The direction is to pay only an amount of Rs.2,000/- per mensum each to the wife and child. The petitioner is admittedly employed abroad. As condition to set aside that order, 75% of the amount has been ordered to be deposited. Due credit has also been given for interim maintenance, if any, paid during the pendency of the proceedings. 3. Having considered the question anxiously, we are not persuaded to agree that the impugned order Ext.P5 warrants any interference invoking the extraordinary constitutional jurisdiction available to this Court under Article 227 of the Constitution of India. 4. This petition is accordingly dismissed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge O.P.(F.C)No.3194 of 2011 3 O.P.(F.C)No.3194 of 2011 4 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010