Manu Mohan vs Vinidha Manu

Dr. Kauser Edappagath, J

This Original Petition has been filed challenging Ext.P6 order passed by the Family Court, Ernakulam.

The petitioner is the husband and the respondent is the wife. The respondent filed M.C.No.319/2015 before the Court below. Petitioner was set exparte and an exparte order was passed granting maintenance at the rate of Rs.35,000/- per month. Thereafter, petitioner filed two petitions, M.P.Nos.911/2017 and 912/2017, to set aside the exparte order as well as to condone the delay of 203 days in filing the petition. Those petitions were allowed by the court below as per Annexure P6 order on condition that the petitioner deposits a sum of Rs.85,000/- towards maintenance, calculated at the rate of Rs.5,000/- from the date of the exparte order till the date of passing Ext.P6. The said order is under challenge in this Original Petition.

I have heard Sri. James Abraham, learned counsel for the petitioner and Sri. Navaneeth Nath, learned counsel for the respondent.

The learned counsel for the petitioner submitted that the petitioner has disputed the marriage and there was no prayer for interim maintenance before the court below. In these circumstances, the court below went wrong in imposing the condition to deposit the maintenance at the rate of Rs.5,000/- per month to set aside the exparte order.

M.C is of the year 2013. Now we are in the year 2022. Admittedly, not a single pie is paid towards maintenance. It is true that the marriage is in dispute. But, it is a fact to be adjudicated in the M.C. Now there is an order against the petitioner. A condition has been imposed to set aside the said order. There is a delay of 203 days in filing the petition to set aside the exparte order. The question is whether the delay has been satisfactorily explained and whether there is sufficient ground to set aside the exparte order. Admittedly, the petitioner received notice in the M.C. proceedings. The petition to set aside exparte order was filed only after receiving the petition in the execution proceedings. Therefore, in fact, no sufficient reason has been shown by the petitioner to condone the delay and also to set aside the exparte order. However, the court below was magnanimous enough to allow the petition on condition. I find no illegality or impropriety in the condition imposed by the court below.

Accordingly, the Original Petition is dismissed.