Abdul Rafeek vs Nishana

A. Badharudeen, J

This revision petition has been filed under Section 19(4) of the Family Courts Act and under Sections 397 and 401 of the the Code of Criminal Procedure, 1973, challenging Order dated 27.01.2020 in M.C.No.190/2019 on the file of the Family Court, Palakkad.

Heard the learned counsel for the revision petitioner as well as the respondents in detail.

The learned counsel for the revision petitioner would submit that even though the revision petitioner is a person who has been working as UPSA, he suffered mental distress during the period 2019-2020 and therefore, he could not vigilantly prosecute the matter. Accordingly, the Family Court passed an ex parte order, whereby the revision petitioner/respondent was directed to pay maintenance to the first respondent herein, who is the first petitioner-wife in the MC, at the rate of Rs.10,000/- per month and the second respondent-minor child, at the rate of Rs.7,000/- per month from the date of petition. According to the learned counsel for the revision petitioner, as of now, as per Annexure A5 salary certificate also, the total salary drawn by the revision petitioner is Rs.47,403/- and the net salary is only Rs.18,787/-. Therefore, Rs.17,000 (Rs.10,000 + 7,000) granted as maintenance by the trial court is on higher side and the revision petitioner wants to adduce evidence in the matter of quantum of maintenance and for which an opportunity may be given to the revision petitioner.

The learned counsel for the respondents opposed interference in the impugned order and submitted that a huge amount is in arrears as per the impugned order and the amount would come to Rs.8,16,000/- at present and the revision petitioner has been delaying the payment of maintenance without any justification.

In this matter, the documents produced by the revision petitioner/respondent would go to show that he underwent treatment for some mental disorder though he has been working as UPSA. Therefore, in the interest of justice, one more opportunity can be given to the revision petitioner to contest the matter on merits by filing objection and by adducing evidence, if any, subject to conditions. However, this Court is anxious of the fact that the respondents are trailing to survive since no payment has been made by the revision petitioner so far. In view of the above, I am inclined to set aside the impugned order so as to provide an opportunity to the revision petitioner/respondent to contest the matter on merits, subject to condition that the revision petitioner shall pay maintenance at the rate of Rs.4,500/- each to the respondents starting from the date of petition and continue to pay the same till the date of disposal of MC, afresh by the Family Court.

It is specifically ordered that the revision petitioner shall deposit 50% of the arrears calculated at the rate of Rs.4,500/- (Rupees four thousand five hundred only) each (i.e, Rs.9,000/-) within a period of one month and the remaining 50% thereafter, within a period of thirty days and on deposit, the revision petitioner is permitted to file objection and contest the matter on merits.

It is specifically ordered that if the revision petitioner fails to pay the maintenance ordered by this Court at the rate of Rs.4,500/- each within the time specified above, the order setting aside the ex parte order shall stand automatically revived and order impugned as such shall be executed without further orders and the Family Court is at liberty to close the MC recording the same.

This revision petition stands disposed of as indicated above.

The revision petitioner and the respondents are directed to appear before the Family Court on 17.08.2023

Registry is directed to forward a copy of this order to the Family Court concerned, within two weeks for information and compliance.