Kerala High Court
Praisemon vs Rinu Jose on 6 December, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 06TH DAY OF DECEMBER 2019 / 15TH AGRAHAYANA, 1941
RPFC.No.332 OF 2019
AGAINST THE ORDER IN MC 48/2017 DATED 08-11-2017 OF FAMILY COURT,
KALPETTA
REVISION PETITIONER/RESPONDENT:
PRAISEMON,
WRONGLY SHOWN AS PRAYSMON, AGED 33 YEARS
S/O.PAILY,
PULIKKAL HOUSE, RAJAKUMARI KARA,
UDUMBANCHOLA TALUK, IDUKKI DISTRICT.
BY ADVS.
SRI.JIKKU SEBAN GEORGE
SRI.ARUN AJAY SHANKAR
SHRI.P.D.SAJI
RESPONDENT/PETITIONER:
RINU JOSE,
AGED 26 YEARS
W/O PRAYS MON, MANKUDI HOUSE, BHOOTHANAM COLONY,
PULPALLY, PULPALLY VILLAGE, WAYANAD DISTRICT.
BY ADV. SRI.NANDAGOPAL S.KURUP
THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 06.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P(F.C) No.332 of 2019
2
ALEXANDER THOMAS, J.
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R.P(F.C) No.332 of 2019
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Dated this the 06th day of December, 2019
ORDER
The aforecaptioned revision petition filed under Sec.19(4) of the Family Court's Act, 1984 is directed against the impugned ex-parte final order dated 08.11.2017 rendered by the Family Court in M.C.No.48/2017. As per the proceedings of the said maintenance case, the Family Court has ordered that the revision petitioner herein/respondent therein shall pay maintenance at the rate of Rs.15,000/- per month to the respondent herein/petitioners therein. The claim amount in the said maintenance case was Rs.15,000/- per month and since the petitioner was set ex-parte, the Family Court has proceeded to allow the maintenance case, as prayed for by the petitioners therein.
2. Heard Sri.Jikku Seban George, learned counsel appearing for the revision petitioner (husband) and Sri.Nandagopal S.Kurup, learned counsel appearing for the respondent (wife). The learned R.P(F.C) No.332 of 2019 3 counsel for the revision petitioner would urge that the impugned order has been rendered by the Family Court as an ex-parte one and that this Court may grant a reasonable opportunity to contest the matter on merits and that the matter may be remitted for consideration and decision afresh, after the petitioner gets an opportunity to file his pleadings in the maintenance case. Sri.Nandagopal S.Kurup, learned counsel appearing for the respondent herein has seriously opposed the said plea and has pointed out that even after the rendering of the impugned ex-parte final order as early as on 18.11.2017, the petitioner never bothered even to challenge it by filing the revision petition before this Court without much delay and on the other hand, he waited till 16.07.2019 to file the present revision petition and that too with a long delay of 515 days and that this Court may seriously take note of the conduct of the parties and may dismiss the revision petition and may thus come from the impugned ex-parte decree. Further it is pointed out by the learned counsel appearing for the respondent herein that the respondent finds it extremely difficult to pull on with her life and it is only after this Court had passed a conditional interim order on 30.09.2019 in this case that the petitioner herein has paid R.P(F.C) No.332 of 2019 4 some amount, etc.
3. This Court while admitting the above R.P(F.C) had passed a conditional interim order on 30.09.2019, which reads as follows:
"After hearing the learned Advocates on both sides at length, this Court had queried to both sides as to whether mediatory efforts could be explored as the parties are spouses of a very young age. Both parties had appraised this Court that they are interested to seek the option of mediatory settlement through the Mediation Centre attached to this Court.
2. Taking note of the facts and circumstances of this case, it is ordered in the interest of justice that the operation, enforcement and execution of the impugned ex-parte order dated 08.11.2017 rendered by the Family Court, Kalpetta in M.C.No.48/2017 will remain stayed subject to the condition that the petitioner will pay provisional maintenance at the rate of Rs.6,500/- per month. The 50% of the arrears of the abovesaid provisional maintenance amount for the period from the date of the petition upto 31.10.2019 shall be deposited by the petitioner before the Family Court, Kalpetta within 2 months and the balance 50% in that regard should be deposited by him before the said court within 2 months thereafter. The petitioner should continue to pay provisional maintenance at the abovesaid rate for the subsequent periods from November, 2019 by the 10 th of every month. The deposited amounts will be forthwith released by the Family Court to the repsondent.
3. The petitioner (husband) and the respondent (wife) shall present before this Court at 10.15 am on 10.10.2019, in order to pass further orders and refer the parties to the Mediation Centre. Registry need not separately issue notices to the parties for appearance as the learned Advocates have submitted that they will ensure that the respective parties are present before this Court on the abovesaid date."
4. It is pointed out by the learned counsel for the revision petitioner that the petitioner has already deposited 50% of the R.P(F.C) No.332 of 2019 5 provisional maintenance amount calculated at the rate of Rs.6,500/- per month for the period from date of the petition upto 31.10.2019 and the time limit for paying the balance 50% of the arrears as per the said interim order is upto January, 2020 and the petitioner would certainly ensure that the said 50% balance amount for the arrears upto 31.12.2019 will also be deposited in compliance with the abovesaid interim order passed by this Court.
5. After hearing both sides, since the petitioner has now complied with the first part of the conditional interim order granted by this Court, this Court is inclined to grant a last opportunity to the petitioner to contest the matter on merits. However, the remit proposed by this Court will be conditional and will take effect, only if the petitioner deposits the balance 50% of the maintenance arrears and also pay provisional maintenance/interim maintenance for the period from November, 2019 onwards at the rate of Rs.6,500/- per month, by the 10th of every month, as already directed in the order dated 30.09.2019.
R.P(F.C) No.332 of 20196
6. Accordingly, the following orders and directions are passed:
(i) The petitioner will pay provisional maintenance/interim maintenance of Rs.6,500/- per month for the period from the date of the petition onwards. The interim order passed by this Court on 30.09.2019 directing to pay provisional maintenance at the rate of Rs.6,500/- per month from the date of the petition onwards shall be meticulously complied with by him. It appears now that the petitioner has deposited 50% of the arrears at the abovesaid rate from the date of the petition upto 31.10.2019 and he will have to deposit the balance 50% in that regard within the time limit given. So also, it shall be ensured that the petitioner pays/deposits the provisional maintenance/interim maintenance for further period from November, 2019 onwards by the 10th of every month. On such deposit, the Family Court will release those amounts to the respondent R.P(F.C) No.332 of 2019 7 herein.
(ii) The Family Court will list the matter on 31.01.2020. Both the parties will appear before the Family Court, Kalpetta on 31.01.2020 at 11 a.m. The Family Court may ascertain whether the petitioner herein has fully complied with the directions in the abovesaid conditional interim order dated 30.09.2019 and whether the entire maintenance arrears upto January, 2020 has been duly paid/deposited by the petitioner.
7. In case, the petitioner has complied with the abovesaid directions and has paid the entire interim maintenance arrears for the period upto 31.01.2020, then the impugned ex-parte final order dated 08.11.2017 rendered by the Family Court, Kalpetta in M.C.No.48/2017 will stand set aside and consequently, in that eventuality the main matter in M.C.No.48/2017 will stand remitted before the Family Court, Kalpetta, for consideration and decision afresh.
8. In such eventuality, the Family Court will permit the petitioner to file his counter affidavit/written objections in the matter R.P(F.C) No.332 of 2019 8 and then may grant reasonable opportunity to both sides to adduce evidence and may finally dispose of the maintenance case, without much delay, preferably within a period of three months therefrom. Even in that eventuality, it shall be ensured that the petitioner pays the interim maintenance/provisional maintenance, till the final disposal of the M.C at the rate of Rs.6,500/- per month. In the eventuality that the petitioner does not comply with the conditional interim order and clears the entire arrears as on 31.01.2020, then the plea of the petitioner for remitting the main case will stand rejected and in which case the impugned ex-parte final order dated 08.11.2017 in M.C.No.48/2017 on the file of the Family Court, Kalpetta will have all such efficacy. In such eventuality, the respondent herein will be at liberty to seek execution of the said impugned final order dated 08.11.2017 rendered by the Family Court, Kalpetta in M.C.No.48/2017.
9. The Registry will forward a copy of this order to the Family Court, Kalpetta, who has dealt with M.C.No.48/2017, for necessary information and further action.
R.P(F.C) No.332 of 20199
With these observations and directions, the above R.P(F.C) will stand disposed of.
Sd/-
ALEXANDER THOMAS JUDGE vgd R.P(F.C) No.332 of 2019 10 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A TRUE COPY OF THE JUDGMENT IN
W.P(CRL)NO.21/2017 DATED 24.01.2017
ANNEXURE B TRUE COPY OF THE JUDGMENT IN
TR.P(C)NO.262/2017 DATED 25.01.2018
ANNEXURE C A TRUE COPY OF CMP(EX)93/2019 IN MC
48/2017 DATED 7/5/2019.