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Judgment
11 paragraphs · 271 wordsA. Badharudeen, J
This is an original petition filed under Article 227 of the Constitution of India, by the petitioner, who is the respondent in M.C. No.91/2021 pending before the Family Court, Pathanamthitta, challenging Ext.P2 order viz., order in CMP No.01/2021 in M.C.No.91/2021.
Heard the learned counsel for the petitioner. Adv.Santhosh Peter appears for the respondents.
The learned counsel for the petitioner submitted that as per the interim order of this Court dated 27.10.2022, the amount has been remitted on 29.11.2022. In fact, the order was to deposit the amount within 30 days from 27.10.2022.
In this context, the learned counsel for the respondents would submit that the interim order not complied in time, since the deposit should have been effected on or before 26.11.2022.
Since the interim order has been complied after three days, no further order in this regard is warranted in the interest of justice.
In this matter, the main challenge raised against the order impugned is that, the same is not a speaking order. On perusal of the order, the said submission appears to be correct.
Therefore, the order impugned stands set aside. The matter remitted back to the Family Court for re-consideration and to pass order on merits, after appraising the objection filed by the revision petitioner, herein.
The Family Court shall pass fresh order within a period of 30 days, from the date of production or receipt of copy of this judgment.
Till then, the revision petitioner is directed to continue the payment at the rate of Rs.6,000/- to the minor children.
Accordingly, this O.P(Crl) is disposed of.