Kayalvakkathu Abdulla vs Chembakasserry Pathunni and State of Kerala

Thomas P. Joseph, J.—Petitioner suffered an ex parte order in M.C. No. 304 of 2009 of Family Court, Malappuram for payment of maintenance. The Family Court was later pleased to set aside that ex parte order as per Annexure-A1, order dated July 14, 2010 subject to the condition that Petitioner deposited entire arrears of maintenance accrued due as per the order in M.C. No. 304 of 2009 on or before 30.07.2010 failing which petition to set aside the ex parte order in M.C. No. 304 of 2009 was to stand dismissed. In this proceeding Petitioner seeks further time for deposit of maintenance arrears. Learned Counsel submitted that Petitioner has to deposit 60% of past maintenance for re-opening the decree in O.P. No. 272 of 2009 as well and hence Petitioner may be granted some time to deposit the amount payable in M.C. No. 304 of 2009. Having regard to the circumstances stated I am inclined to grant time to the Petitioner to deposit the entire arrears of maintenance.

Resultantly, Criminal Miscellaneous Case is disposed of granting Petitioner time till 10.06.2011 to deposit the entire arrears of maintenance accrued due in M.C. No. 304 of 2009 (as directed in Annexure-A1, order).