IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 RPFC.No. 332 of 2008() ---------------------- MC.581/2004 of Family Court, Thiruvananthapuram .................... REVISION PETITIONER/RESPONDENT: -------------------- THRIBU.R., S/O.RAVEENDRAN, THRIBU BHAVAN, BHAGATH SINGH ROAD, KAKKODE LANE, PETTAH, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.S.VENUGOPAL RESPONDENTS/PETITIONERS: --------------- 1. LEELA.G, D/O.GOMATHY AMMA, THACHANVILA VEEDU, T.C.18/127, PLAVILA, THIRUMALA, THIRUVANANTHAPURAM. 2. BOOL.T.L (MINOR) S/O.LEELA.G, THACHANVILA VEEDU, T.C.18/127, PLAVILA, THIRUMALA, THIRUVANANTHAPURAM REPRESENTED BY HIS MOTHER, THE 1ST RESPONDENT ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR FOR R1 SRI.RENJITH B.MARAR FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- R.P.F.C.No.332 of 2008 ---------------------------------------- Dated this the 31st day of October 2008 O R D E R The petitioner assails a direction under Section 125 Cr.P.C to pay maintenance at the rate of Rs.750/- and Rs.500/- respectively per mensum to the claimants allegedly his wife and child. The petitioner disputes marriage and paternity. The respondent has entered appearance. The learned counsel for the respondent contends that it is a meaningless dispute raised; but notwithstanding that the claimants would like to see the end of the needless proceedings itself. Subject to appropriate terms, the challenge can be allowed. A time bound direction may be issued to dispose of the case also, submits the learned counsel for the respondent. 2. Having considered all the relevant circumstances, I am satisfied that appropriate directions can be issued and this R.P.F.C can be allowed as agreed. 3. In the result, a) This R.P.F.C is allowed. R.P.F.C.No.332/08 2 b) The impugned order shall stand set aside and the petitioner shall be given an opportunity to contest the claim on merits on condition that the petitioner deposits an amount of Rs.5,000/- (Rupees five thousand only) before the Family Court on or before 01/12/2008. c) The parties shall appear before the Family Court on 02/12/2008. The amount of Rs.5,000/- if deposited can be released to the claimants forthwith. If the amount is not deposited by 01/12/2008 as directed, the learned Judge of the Family Court shall record that fact on 02/12/2008 and thereupon the impugned order shall remain enforcible. d) If the amount is paid, the learned Judge must ensure that the claim is disposed of as expeditiously thereafter - within a period of four months from 02/12/2008, if possible. e) If ultimately the claim for maintenance is allowed by the court, there shall be a direction to pay maintenance to the claimants from the date of the petition (less the above said amount of Rs.5,000/-). (R.BASANT, JUDGE) jsr R.P.F.C.No.332/08 3 R.P.F.C.No.332/08 4 R.BASANT, J R.P.F.C.No. ORDER 11/02/2008