The petitioner challenged an order fixing a time limit to deposit arrears to set aside an ex parte maintenance order. The High Court granted four months to deposit the balance amount and linkage set aside of the ex parte order dependent on this deposit.
Granted four months' time to deposit Rs.80,000 as condition for setting aside ex parte order.
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 V.G.ARUN
THURSDAY, THE 13TH DAY OF JULY 2023 / 22ND ASHADHA, 1945
O.P.(CRL.) NO.266 OF 2023
AGAINST THE ORDER DATED 12.04.2021 IN CRL.M.P. NO.236 OF 2021 IN M.C. NO.201 OF 2018 ON THE FILE OF THE FAMILY COURT, PALAKKAD.
PETITIONER/PETITIONER:
DEVADAS G., AGED 36 YEARS, S/O. GOPALALAN MCG NIVAS, NANDANKIZHAYA, ANAMARI (PO), CHITTUR TALUK, PALAKKAD DISTRICT, PIN-678 506.
BY ADVS. BINOY VASUDEVAN DHARUN P.
RESPONDENTS/RESPONDENTS:
1 PRASANNA, AGED 30 YEARS, D/O. SELVAN, KELAKKODU VEEDU, THANEERPANTHAL, KINASSERY (PO), PALAKKAD, PIN-678 013.
2 DHIVESH (MINOR), AGED 10 YEARS, S/O. PRASANNA REPRESENTED BY HIS NEXT FRIEND AND GUARDIAN PRASANNA, D/O SELVAN, KELAKKODU VEEDU, THANEERPANTHAL, KINASSERY (PO), PALAKKAD, PIN - 678013
BY ADVS. K.MOHANAKANNAN D.S.THUSHARA(K/76/2010)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 13.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(CRL.) NO.266 OF 2023
-2-
JUDGMENT
Dated this the 13th day of July, 2023
The petitioner's wife and child, the respondents herein, had filed M.C. No.201 of 2018 before the Family Court, Palakkad seeking monthly maintenance allowance. The petitioner having remained absent despite service of notice, the Family Court set him ex parte and passed an order, directing the petitioner to pay maintenance allowance to the 1st respondent at the rate of Rs.15,000/- per month and to the 2nd respondent, at the rate of Rs.10,000/- from 31.02.2019 onwards. Some time later, the petitioner filed Crl.M.P. Nos.101 of 2020 and 102 of 2020, seeking to set aside the ex parte order after condoning the delay of 335 days. By a common order dated 16.03.2021, the Family Court allowed both the applications, subject to the petitioner paying cost of Rs.3,500/- to the respondents and depositing 1/5th of the arrears of maintenance on or before 30.03.2021. The petitioner was also directed to pay Rs.3,000/- each as interim maintenance to the respondents, in the event of the ex parte
-3-
O.P.(CRL.) NO.266 OF 2023
order being set aside. Thereafter, the petitioner moved C.M.P. No.236 of 2021 for getting the time limit stipulated in the earlier order extended. The petition stands dismissed as per Ext.P3 order dated 12.04.2021. This original petition is filed challenging Ext.P3 order and seeking extension of the time limit for depositing the amount directed by the Family Court as a condition for getting the ex parte order set aside.
-4-
O.P.(CRL.) NO.266 OF 2023
deposited Rs.75,000/- in terms of this Court's direction, he can be granted a reasonable time for remitting the balance amount.
The original petition is accordingly disposed of, by granting the petitioner four months' time for depositing the balance amount of Rs.80,000/- towards the 1/5th portion of the arrears of maintenance imposed as a condition for setting aside the ex parte order. If petitioner deposits the balance amount within four months, the ex parte order shall be set aside and the maintenance case decided on merits. The sum of Rs.80,000/-, if deposited, shall forthwith be released to the respondents. The petitioner shall continue to pay interim maintenance at the rate of Rs.3,000/- each to the respondents, till the maintenance is decided, in the event of the ex parte order being set aside.
Sd/-
V.G. ARUN JUDGE
bpr
-5-
O.P.(CRL.) NO.266 OF 2023
APPENDIX OF OP(CRL.) 266/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 16.03.2021 IN CRL.M.P.NOS.101/2020 AND CRL.M.P.NO.102/2020 IN M.C.NO./201 OF 2018 ON THE FILE OF THE FAMILY COURT, PALAKKAD.
Exhibit P2 TRUE COPY OF THE APPLICATION WHICH WAS NUMBERED AS CRL .M.P.NO.236/2021 ON THE FILE OF THE FAMILY COURT, PALAKKAD.
Exhibit P3 TRUE COPY OF THE ORDER DATED 12.04.2021 IN CRL .M.P.NO.236/2021 ON THE FILE OF THE FAMILY COURT, PALAKKAD.
Exhibit P4 TRUE COPY OF THE SALARY REPORT OF THE PETITIONER FOR THE YEAR 2017-2018.
2 issues framed by the court
Whether an extension of time to deposit arrears as a condition for setting aside an ex parte order is warranted.
Whether the Family Court's imposition of conditions for setting aside an ex parte order on the merits is valid.
1 provisions across 1 enactments
DEVADAS G.
PRASANNA
DHIVESH
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
