IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 RPFC.No. 110 of 2010() ---------------------- M.C. NO. 66/2008 of FAMILY COURT, THODUPUZHA REVISION PETITIONER/COUNTER PETITIONER:- ---------------------------------------------------------- SAJEEV, S/O.SIVARAMAN, AGED 35 YEARS, KAVUMKANDATHIL HOUSE, MUTTAM VILLAGE, THONIKKUZHY BHAGAM, MUTTAM P.O., THODUPUZHA TALUK. BY ADV. MR. UNNIKRISHNAN.V.ALAPATT RESPONDENTS/PETITIONER:- -------------------------------- PRIYA, D/O.RAJAN, AGED 27 YEARS, MAZHUVANCHERIYIL HOUSE, VELLIYAMATTAM VILLAGE, POOMALA KARA, KOOVAKANDAM P.O., THODUPUZHA TALUK. ADV. MR. K.J.JOSEMON FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- R.P.(F.C.) No. 110 of 2010 ---------------------------------------------------- Dated this the 24th day of March, 2010. ORDER Heard both sides. 2. The revision petitioner who is the husband of the respondent, challenges the ex parte final order dated 07.07.2008 in M.C. No. 66 of 2008 on the file of the Family Court, Thodupuzha. Their marriage was on 07.02.1999. No issues have been born in the wedlock. The wife started separate residence from 10.05.2008 onwards. 3. Since the impugned order is an ex parte order in which the petitioner did not obtain an opportunity to file objections and adduce evidence in support of the objections, I am inclined to give him an opportunity to contest the matter provided he complies with the following conditions:- 1.The petitioner shall deposit a sum of Rs.10,000/- (Rupees ten thousand only) before the Family Court towards arrears of maintenance within one month from today. 2.The petitioner shall deposit a sum of Rs.800/- R.P. (F.C.) No. 110/2010 : 2 : (Rupees eight hundred only) per month towards future maintenance. 3.The petitioner shall file an application to set aside the ex parte order within 14 days from today by invoking the proviso to Section 126(2) Cr.P.C. 4. If the petitioner files the aforesaid application within the above time frame, the learned Family Court shall entertain the same without raising any objection regarding limitation provided the petitioner complies with condition Nos. 1 and 2 without fail. The respondent herein will be entitled to withdraw the amounts as and when deposited. This revision is disposed of as above. Dated this the 24th day of March, 2010. V. RAMKUMAR, JUDGE. rv