IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 16305 of 2009(R) -------------------------- AGAINST THE ORDER DATED 28/05/2009 IN IA.316/2009 IN OP.510/2008 of FAMILY COURT, MALAPPURAM .................... PETITIONER: --------------- ABDUL JALAL,S/O.ASAINAR, KOYALIKKANAKATH HOUSE, PONNANI NAGARAM AMSOM DESOM, PONNANI TALUK,MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): --------------- 1. RASHIDA,D/O.BEERANKUTTY, PARAMBIL HOUSE, PONNANI SOUTH,PONNANI TALUK, MALAPPURAM DSITRICT. 2. BEEPATHUTTY,W/O.ASAINAR, KOYALIKKANAKATH HOUSE,PONNANI NAGARAM AMSOM, DESOM, PONNANI TALUK, MALAPPURAM DISTRICT. ADV. SRI.BABU S. NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.16305/09 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE PETITION IN OP.510/08 ON THE FILE OF THE FAMILY COURT, MALAPPURAM DATED 3.5.08. EXT.P2: TRUE COPY OF THE ORDER IN M.C.350/08 ON THE FILE OF THE FAMILY COURT, MALAPPURAM DATED 23.1.09. EXT.P3: TRUE COPY OF THE AFFIDAIVT IN I.A.No. 316/09 IN OP.510/08, FAMILY COURT, MALAPPURAM DATED 23.1.09. EXT.P4: TRUE COPY OF THE ORDER IN I.A.No. 316/09 IN O.P.510/08 OF FAMILY COURT, MALAPPURAM DATED 28.5.09. R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.16305 OF 2009 ----------------------------------------------------- DATED THIS THE 19th DAY OF NOVEMBER, 2009 J U D G M E N T Basant, J. This Writ Petition is directed against an order passed by the Family Court setting aside an ex parte order subject to conditions. The condition imposed was that 10% of the total decretal amount due under the ex parte decree must be deposited by the petitioner. Before the date fixed for payment of that amount, the petitioner has come to this Court requesting this Court to invoke its jurisdiction under Article 227 of the Constitution of India to interfere with the impugned order. 2. This Writ Petition was admitted and a direction for stay was issued on condition that the petitioner deposits an amount of Rs.50,000/- before the court below and offers security for the entire balance amount. The amount of Rs.50,000/- has been deposited. As the petitioner raised no objection, the amount deposited was ordered to be released to the respondent and the 1st respondent/claimant has already got release of the amount. The petitioner, it is submitted, is unable to comply with the W.P.(C)No.16305/09 -2- condition of furnishing security and it is hence that this Writ Petition is now taken up for hearing. 3. We have heard the learned counsel for both sides. The claim for money includes, claim for past maintenance also. Having considered all the relevant circumstances, we are satisfied that this Writ Petition can be allowed and the condition in the impugned order can be modified on condition that the petitioner deposits a further amount of Rs.35,000/- (in addition to the amount of Rs.50,000/- already deposited), within a period of 30 days from this date before the court below. If the amount is deposited, it is made clear that the same can be released to the respondent/claimant and the entire amount of Rs.85,000/- will be credited towards the amount due under the decree if any found to be due as per the final orders in the O.P. 4. The learned counsel for the respondent/claimant prays that there may be a direction to dispose of O.P.No.510/2008 as expeditiously as possible - fixing a time limit. We are satisfied in the circumstances of the case, that the parties can be directed to appear before the court below on 19.12.2009. If the amount is W.P.(C)No.16305/09 -3- deposited as directed, the court below shall ensure that the O.P. is disposed of expeditiously thereafter -at any rate within a period of five months from 19.12.2009. Compliance shall be reported to this Court. It is further clarified that the option of the claimant/first respondent herein to seek attachment of the properties of the petitioner shall not be fettered by this judgment. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn