IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 RPFC.No. 338 of 2007() ---------------------- AGAINST THE ORDER IN CMP.484/2007 IN MC.570/2006 of FAMILY COURT, MALAPPURAM .................... : PETITIONER/RESPONDENT -------------------------------------- P.B.BIST, S/O LATE BALAN, PANANGATTIL HOUSE, ANHOOR, KUNNAMKULAM, THRISSUR. BY ADV. SRI.K.N.PADMAKUMAR RESPONDENTS: COMPLAINANT ------------------------ SHYMA, D/O CHANDRAN, MELARAYIL HOUSE, P.O.KANHIRAMUKKU, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.K.KHALEEMUDHEEN PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- R.P.F.C.No.338 of 2007 ---------------------------------------- Dated this the 13th day of February 2008 O R D E R The petitioner is the husband/respondent in a proceedings under Section 125 Cr.P.C. An ex parte order was passed against him directing payment of maintenance at the rate of Rs.3,000/- per mensum from the date of the petition, that is 12/10/2006. There is only one claimant. The marriage is admitted. The dispute is only about the sufficiency of reasons to justify separate maintenance. 2. An application was filed to set aside the ex parte order. The learned Judge of the Family Court directed that the ex parte order be set aside on condition that the petitioner deposits the entire amount payable as arrears of maintenance on the date of the order. An amount of Rs.9,500/- had already been paid before the Family Court. After this revision petition was admitted, a further amount of Rs.6,000/- is deposited before the Family Court, it is submitted. That leaves a balance of Rs.8,000/- as on the date of the order passed under Section 126(2) Cr.P.C. The learned counsel for the petitioner offers to deposit that R.P.F.C.No.338/07 2 amount, if a reasonable further time is granted. The learned Judge of the Family Court had dismissed the application to set aside the ex parte order on the ground that the balance amount of Rs.14,000/- payable on 26/6/2007 remained unpaid. 3. I have heard both counsel. I am satisfied that this revision petition can now be allowed subject to appropriate conditions: 4. In the result, this petition is allowed. The impugned ex parte order shall stand set aside and the learned Magistrate shall proceed to dispose of the claim under Section 125 Cr.P.C afresh on condition that the petitioner deposits a further amount of Rs.8,000/- (Rupees eight thousand only) before the Family Court within a period of one month from this date. The petitioner shall continue to pay an amount of Rs.1,250/- (Rupees one thousand two hundred and fifty only) as interim maintenance from 13/6/2007, the date of the impugned order. Credit shall be given to all amounts paid as per the order dated 14/8/2007. Monthly maintenance of Rs.1,250/- as ordered by this court shall also be paid with effect from 13/6/2007. R.P.F.C.No.338/07 3 5. The parties shall appear before the Family Court on 17/3/2008. If the amount is paid and compliance to that effect is reported before the learned Judge, the learned Judge shall proceed to dispose of the case on merits afresh. If no payment is made, the Family Court shall record that fact and thereupon the impugned ex parte order shall stand revived and can be executed thereafter. It is further directed that all the amounts deposited now or hereafter before the Family Court shall forthwith be released to the claimant/wife. (R.BASANT, JUDGE) jsr R.P.F.C.No.338/07 4 R.P.F.C.No.338/07 5 R.BASANT, J R.P.F.C.No. ORDER 11/02/2008