The revision petitioner has brought this revision against an ex parte maintenance order passed by the Family Court, Kottarakara in M.C No.182 of 2011. The respondents herein are his wife and minor daughter. The revision petitioner entered appearance in the trial court on getting notice and he also filed objection in the proceedings. But later, he remained absent, and he did not turn up on the date of trial. In such a circumstance, he was set ex parte by the trial court and the petition was decided ex parte (M.C No.182 of 2011), granting maintenance to the 1st respondent herein at the rate of ₹ 4000/- per month and to the child ₹ 3000/- per month. 2. Now the revision petitioner seeks an opportunity to contest the matter and to adduce evidence of his own for a decision on merits. On hearing both sides, I feel that a reasonable opportunity can be granted to the revision petitioner on condition that he will pay interim maintenance to his wife and child at a reasonable rate till the main case is decided on merits. He is willing to make payment at the rate of 50% of the amount granted by the trial court. Such a course is acceptable to the other side also. In such a situation, this revision can be allowed, without going into the merits of the ground for appearance in the trial court.
In the result, this revision petition is allowed. The ex parte maintenance order passed by the court below in M.C No.182 of 2011 is set aside on condition that the revision petitioner shall make payment of interim maintenance to the respondents at the rate of ₹ 2000/- per month to the wife and ₹1,500/- per month to the child from the date of filing of the petition in the trial court, till the maintenance claim is finally decided and disposed of. This order for interim maintenance can be executed by the respondents in the trial court, and the trial court will see that payment of interim maintenance is properly and promptly made by the revision petitioner. The trial court is directed to restore M.C. 182 of 2011 to files and dispose it of on merits after granting opportunity to both the parties to adduce evidence in detail.
The parties will appear in the trial court on 1.7.2014. The interim maintenance due till this date as per this order will have to be deposited by the revision petitioner in the trial court within one month. The 1st respondent is hereby permitted to withdraw the amount of maintenance on deposit. The trial court will dispose of the maintenance claim, as expeditiously as possible.
Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge