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Dated this the 20th day of January, 2021 Order dated 21.01.2020 of Family Court, Malappuram in M.C.No.324 of 2017 is under challenge in the revision on hand. The revision petitioner is the respondent and the respondents in the revision are the petitioners in the M.C on the files of Family Court, Malappuram. By the impugned order, the Family Court has directed the revision petitioner to pay monthly maintenance at the rate of Rs.8,000/-and Rs.4,000/- respectively to the 1 st and 2nd petitioners with effect from 24.12.2019. The above order is taken up in challenge by the respondent.

2. The facts of the case relevant for disposal of the revision are stated briefly hereunder:

For clarity, the parties to the revision will hereinafter be referred to as the petitioners and the respondent in accordance with their status in the M.C. before the Family Court.

The 1st petitioner and the respondent got married on 20.04.2014 and the 2nd petitioner was born on 23.06.2016.

The respondent neglected to maintain the petitioners since July, 2016. The respondent was working as an Ayurvedic Doctor under Central Government at Mahe and has a monthly income of Rs.50,000/-. Therefore, claiming Rs.20,000/- and Rs.10,000/- respectively as monthly maintenance to the 1 st and 2nd petitioners, the M.C. was filed before the Family Court, Malappuram.

16. The factual situation in Sakeer Hussain and the one on hand is identical. In the case on hand M.C. No.324/2017 was filed by the petitioners before the Family Court, Malappuram seeking for monthly maintenance at the rates of Rs.20,000/- and Rs.10,000/- respectively in favour of them. The respondent had filed counter statement denying the averments of the petitioners in the M.C and raising his defences. The respondent had also filed O.P. No.765/2017 seeking for a decree for divorce. The 1st petitioner had filed I.A.No.1038 of 2018 in the above O.P. seeking for interim maintenance under Section 24 of the Hindu Marriage Act. I.A was allowed and the counter petitioner was directed to pay Rs.15,000/- as monthly maintenance to the petitioners therein. The counter petitioner did not comply with the order passed as above and thereupon the 1 st petitioner had filed C.M.P.No.424 of 2019 seeking to strike off the defence of the counter petitioner. A petition of the nature was also filed in O.P.No.765 of 2017. The Family Court has directed the counter petitioner on 31.12.2019 to clear off the arrears. It was further directed that his defence in the case would be struck off on failure to clear off the arrears. The counter petitioner failed to comply with the direction and thus his defence was struck off by the court. In the M.C, the 1st petitioner has filed proof affidavit. Since the defence was struck off, the Family Court solely relying on the on the facts sworn to by the 1 st petitioner in the proof affidavit found the 1 st and 2nd petitioners entitled to get monthly maintenance and awarded Rs.8,000/- and Rs.4,000/- respectively as the quantum payable to them.

24. The impugned order fixing monthly maintenance at the rates of Rs.8,000/- and Rs.4,000/- respectively to petitioners 1 and 2 and directing the respondent to pay accordingly to them with effect from 24.12.2019 after striking off the defences of the respondent and denying him with an opportunity to cross examine the petitioner is per se illegal and is liable to be reversed.

In the result R.P.(F.C) stands allowed. The order passed in M.C.No.324 of 2017 by Family Court, Malappuram on 21.01.2020 is set aside. The order, striking off defence of the revision petitioner is also set aside. The parties to this revision are directed to attend the Family Court, Malappuram on 08.02.2021 to enable the Family Court to pursue with M.C.No.324 of 2017 afresh. The respondent in the M.C shall be granted with reasonable opportunity to adduce evidence afresh. M.C. being related to the year 2017, the Family Court, Malappuram shall see that it is disposed of within a period of one month from the date of receipt of a certified copy of this order.