The revision petitioner herein is aggrieved by an ex parte order passed by the Family Court Palakkad in M.C No. 211/2013. In the said proceeding he was directed to pay maintenance to his children. They were represented by their mother, but maintenance was not ordered to the mother. In the main proceedings the revision petitioner could not make appearance, and so the maintenance claim was decided ex parte. 2. Later the revision petitioner filed CMP 1243/2013 to set aside the ex parte maintenance order. The said application was allowed by the court below by order dated 26.02.2014 on condition that 50 % of the amount due under the order shall be deposited within one month. The said order allowing the application on condition is under challenge in this revision.
3. When the revision petition came up for hearing the learned Counsel for the revision petitioner submitted that the first child is not in fact entitled to get maintenance because he has already attained majority. As regards the other child the learned Counsel submitted that the revision petitioner is ready to make payment as ordered, provided some more time is given to him by this Court. On a perusal of the order in CMP 1243/2013 I find that the first child (second petitioner) has already attained the age of 18 years. If so maintenance need be paid only to the second child. I feel that the direction of the trial court can be modified to that effect, and the revision petitioner can be granted a further period of 1 month from this date to make deposit.
In the result, this revision petition is disposed of as follows:
a. The directions of the trial court in the impugned order will stand modified to the effect that the revision petitioner shall deposit 50% of the amount due to the second child.
b. The revision petitioner shall make deposit the amount due to the second child, within one month from this date in the trial court. On deposit the amount can be withdrawn by the mother of the child.
c. On such deposit being made in time the ex parte order in M.C No. 211/2013 will stand set aside, and the court below will proceed to decide the main proceeding on merits after granting opportunities to the revision petitioner to file objections.
d. As a condition for allowing this revision the revision petitioner will continue to make payment of interim maintenance to the second child at the rate of 50% of the amount ordered by the trail court, till the main case is decided on merits.
e. In case of failure on the part of the revision petitioner to make deposit as ordered hereby, this revision will stand dismissed, and the respondents can very well enforce the maintenance order in M.C No. 211/2013.
P.UBAID, JUDGE sab