High Court Kerala allowed a revision petition dismissing an ex parte order quashing a family court maintenance dismissal for non-prosecution, directing the petitioner to deposit an interim sum of Rs. 3 lakh
Impugned order set aside. Petitioner directed to deposit Rs. 3,00,000/- within 45 days. Family Court directed to decide CMP No. 2/2021 within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 10TH DAY OF OCTOBER 2022 / 18TH ASWINA, 1944
RPFC NO. 138 OF 2022
AGAINST THE ORDER/JUDGMENT IN MC 252/2018 OF FAMILY COURT, KANNUR
REVISION PETITIONER/RESPONDENT:
JITHESH K
AGED 36 YEARS
RAJ NIVAS,
PULIYAN PANDANKOTT,AVIDANALLUR P.O,
KOZHIKODE DISTRICT ,PIN:67 36 14
PIN - 673614
BY ADVS.
K.REEHA KHADER
RESHMA R.NAIR
RESPONDENTS/PETITIONERS:
1THEERTHA SURESH
AGED 27 YEARS,
D/O.SURESH KUMAR, RESIDING AT GOKULAM
NANIVOOR NAMBRAM P.O, MULLAKKODI, MAYYIL,
KANNUR DISTRICT PIN: 678601
2DHRUV JITH
AGED 6 YEARS
RESIDING AT GOKULAM, NANIVOOR NAMBRAM P O.
MULLAKKODI, MAYYIL, KANNUR DISTRICT, PIN 678601
BY ADVS.
P.M.SATHEESH
K.P.SREEKUMAR(K/237/1973)
THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 10.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RPFC NO. 138 OF 2022
2
O R D E R
Dated this the 10th day of October, 2022
This is a revision petition filed under Sections 397 and 401 of Cr.P.C., challenging order in CMP No.2/2021 in M.C.No.252/2018 on the file of the Family Court, Kannur dated 06.04.2022.
Adv.P.M.Satheesh already filed Vakalat for respondents 1 and 2 and he appeared for them before this Court.
parte order as on 06.09.2022 would come to Rs.5,30,000/-.
RPFC NO. 138 OF 2022
3
RPFC NO. 138 OF 2022
4
RPFC NO. 138 OF 2022
5
In view of the matter, the petitioner is directed to deposit Rs.3,00,000/- (Rupees three lakh only) within a period of 45 days from today, and proceed to contest the petition on merits and the learned Family Court is directed to pass orders on CMP No.2/2021, afresh, after considering the same, in accordance with law, within a period of two months from today.
This revision petition stands disposed of as indicated above.
The petitioner and the respondents are directed to appear before the Family Court on 18.10.2022.
Registry is directed to forward a copy of this order to the Family Court concerned, within two weeks for information and compliance.
Sd/A. BADHARUDEEN JUDGE
nkr
3 issues framed by the court
Whether an order dismissing a petition to set aside an ex parte maintenance order for non-prosecution can be quashed to allow the matter to be heard on merits along with a fresh compensation petition.
Whether the revision petitioner should be directed to deposit an interim amount to ensure maintenance during the pendency of further proceedings.
How the Family Court is to deal with the revised maintenance petition after the quashing of the previous dismissal order.
1 provisions across 1 enactments
JITHESH K
THEERTHA SURESH
DHRUV JITH
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court