IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 RPFC.No. 362 of 2008() ---------------------- MC.143/2007 of FAMILY COURT, ETTUMANOOR .................... REVISION PETITIONER/COUNTER PETITIONER. ----------------------------------------------------------- SHAJIMON P.S., S/O. SUMATHI, PUTHUPALLYCHIRA, ULLALA, THALAYAZHAM P.O., VAIKOM. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): PETITIONERS. --------------------------- 1. LALY DAS, ARACKAL AGAS VILLA, THEKKENADA P.O., VAIKOM. 2. ASWIN LAL (MINOR), REPRESENTED BY LALY DAS, ARACKAL AGAS VILLA, THEKKENADA P.O., VAIKOM. ADV. SRI.S.VIDYASAGAR FOR R1,2 THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ R.P.F.C. No.362 of 2008 ------------------------------------- Dated this the 3rd day of December, 2008 ORDER Petitioner has suffered an exparte order obliging him to pay maintenance @ Rs.600/- each to the claimants, allegedly his wife and minor child. The petitioner has not filed any application to set aside the exparte order. But has instead come before this Court to invoke the revisional jurisdiction to set aside the impugned order. The respondent has entered appearance. As condition for condonation of delay, there was a direction to deposit the entire amounts payable under the impugned order and it is submitted that such amounts have already been deposited before the Family Court. 2. After discussions at the Bar, I am satisfied that the impugned exparte order can now be set aside subject to appropriate conditions which shall ensure and safeguard the interests of the claimants. As there is agreement on the course to be followed between counsel, it is not necessary to delve deeper into th facts of the case. 3. In the result: i) This Revision Petition is allowed; ii) The learned Judge of the Family Court shall dispose of M.C.No.143 of 2007 afresh in accordance with law after giving the contestants opportunity to plead and substantiate their case in accordance with law; iii) The impugned order shall be reckoned as an interim direction to pay maintenance from the date of the petition. Such directions shall continue to remain in force until M.C.No.143 of 2007 is disposed of afresh by the learned Judge; iv) There shall be a direction that all amounts in deposit and to be deposited before the Family Court shall be released to the claimants straightaway; v) The parties shall appear before the Family Court on 19.12.08. The learned Judge shall make every endeavour to dispose of the case as expeditiously as possible. (R.BASANT, JUDGE) rtr/- //True Copy// PA to Judge R.BASANT, J ------------------------------------ Crl.M.Appl.No.4370 of 2008 in unnumbered R.P.F.C ------------------------------------- Dated this the 3rd day of December, 2008 ORDER The entire amount has been deposited, it is submitted. A certificate dated 25.11.08 is produced to confirm that the amount payable till 05.11.08 has already been paid and deposited. This petition is accordingly allowed. Delay condoned. 2. Number the R.P.F.C. (R.BASANT, JUDGE) rtr/-