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.