K.T. Joseph vs Reji Sebastian and Thomas @ Vinod

Pius C. Kuriakose, J.—The orders under challenge in this writ petition filed under Article 227 of the Constitution by the petitioner who is the respondent in O.P. 1206 of 2009 on the file of the Family Court, Ernakulam are Exts. P1 and P3 orders. By Ext. P1 the Family Court allowed I.A. 4194 of 2010 filed by the petitioner for setting aside the exparte order which was passed by the Family Court against him on condition that the petitioner pays a sum of Rs. 15,000/- as costs to the respondent. The petitioner did not make the payment of Rs. 15,000/- within the stipulated time. Instead the petitioner filed a review petition, Ext. P2. The main ground canvassed in the review petition is that the amount of Rs. 15,000/- fixed by the court is excessive and also that the petitioner mistook the figure Rs. 15,000/- as Rs. 1,500/- and hence deposited only Rs. 1,500/-. The Family Court was not inclined to allow the review petition and the said I.A. was dismissed under Ext. P3 order saying that no ground is made out for review. Having heard the contentions addressed by Government Pleader, learned counsel for the petitioner and Mr. Joseph P.M., learned counsel for the respondent and having gone through the various materials placed on record by the petitioner as Exts. P1 and P3, we are of the view that the petitioner can be given the benefit of Ext. P1 order and he can be permitted to contest O.P. 1206 of 2009 subject to the following conditions.

(1) The sum of Rs. 1,500/- deposited by the petitioner before the Family Court as well as the sum of Rs. 13,500/- deposited by him before this Court pursuant to the orders in this original petition will be released to the first respondent immediately.

(2) The petitioner shall pay a further sum of Rs. 2,500/- to the first respondent either directly or through the respondent''s counsel in this Court within 7 days from today and produce receipt before the Family Court. Once the Family Court notices receipt against the payment of the above sum of Rs. 2,500/-, the Family Court shall consider O.P. 1206 of 2009 assuming that Ext. P1 has become operative. Family Court is also directed to expedite the matter and dispose of the main O.P. after conducting necessary enquiries at its earliest.

O.P. (FC) is disposed of as above.