SHEJEEB vs SURUMI

1.The petitioner herein is the respondent in M.C.No.65 of 2015 on the file of the Family Court, Muvattupuzha. The said petition has been instituted by the respondents herein under Section 125(1) of the Code of Criminal Procedure seeking maintenance.

By order dated 30.6.2016, the aforesaid petition was allowed ex parte and the petitioner has been directed to pay a sum of Rs.3,000/- as maintenance to the 1st respondent and a sum of Rs.2,000/- to the 2nd respondent, who is the minor child of the petitioner.

According to the petitioner, he had appeared before the court below and the matter was initially referred for mediation. Under the premise that the matter had been settled, the petitioner did not appear before the trial court and hence he was set ex parte and the order was passed.

It is further submitted that the court below has not taken note of the fact that the 1st respondent was not a person who was unable to maintain herself. In so far as the maintenance ordered to the 2nd respondent is concerned, no serious contention is raised.

Though various other contentions are advanced, the fact remains that the petitioner has not approached the court below for setting aside the ex parte order. I am of the view that it is for the petitioner to approach the Family Court and file appropriate application to set aside the ex parte order and for consideration of the matter afresh.

It is submitted by the petitioner that he was arrested in enforcement of the execution order and that he has already been deposited a sum of Rs.35,000/- before the court below.

Having regard to the facts, I direct the petitioner to deposit a sum of Rs.25,000/- before the Family Court within a period of three weeks from today. If the amount

is deposited and an application under Section 126(2) of the Code is filed along with an application to condone the delay before the court below, the court below shall consider the same and pass appropriate orders on its merits. Till such time, coercive proceedings shall be kept in abeyance. Until final orders are passed, the petitioner shall pay and continue to pay fifty percent of the maintenance ordered to the respondents by the impugned

order. The respondents herein shall be entitled to file an application seeking release of the amount. If such an application is filed, the amount shall be released forthwith.

This petition is disposed off.