The revision petitioner is aggrieved by the ex parte maintenance order passed by the Family Court, Ottappalam in M.C No.354 of 2011 on 9.11.2012. The respondents herein are his wife and child. The revision petitioner entered appearance in the trial court in the said claim brought under Section 125 of Cr.P.C by his wife and son, through counsel, but later he remained absent, or he could not make proper appearance. In such a situation, the claim was decided ex parte. Accordingly, the revision petitioner was directed to pay maintenance to the wife at the rate of ₹ 4000/- per month and to the minor son at the rate of ₹ 3000/- per month. On 31.1.2013, well within three months from the date of disposal of the maintenance claim, the revision petitioner filed application before the trial court as C.M.P. No.12 of 2013, to have the ex parte order against him set aside. Quite unnecessarily, another application was also filed as C.M.P. No.11 of 2013 for condonation of delay in filing the other application to set aside the ex parte order. The trial court took up C.M.P. No.11 of 2013, and after hearing both sides, dismissed the said application on the finding that the reason stated by the revision petitioner for his absence in Court is not acceptable. Consequently, C.M.P. No.12 of 2013 was also dismissed on the same day (31.1.2014). Those two orders are under challenge in this revision, and the revision petitioner also wants to have the ex parte maintenance order set aside. 2. On hearing both sides and on a perusal of the case records, I find that the application to set aside the ex parte order was filed within three months from the date of disposal of the main claim. It appears that this was not brought to the notice of the Court by either side. Anyway, the application to condone delay happened to be dismissed, and consequently the other application was also dismissed. Of course, I find that the revision petitioner has some grievance. I feel that it would be just and proper to have the claim decided on merits. The ex parte order can be se t aside by this Court in the interest of justice, and the revision petitioner can be granted reasonable opportunity to contest, so that the claim could be decided on merits after hearing both sides. I find that the revision petitioner, who was in fact employed abroad at the relevant time had sufficient reason for his absence on the date when the claim came up for consideration. When such grounds are pleaded, Courts shall not make a mechanical approach. Here is a revision petitioner who could not make contest in the main proceeding, or who could not make appearance in the trial court at the right stage. Let him make contest when he has a genuine grievance and let the dispute be decided on merits by the trial court.
In the result, this revision petition is allowed. The impugned order of the trial court in C.M.P. Nos.11 of 2013 and 12 of 2013 will stand set aside. Consequently, the ex parte order of the trial court in M.C No.354 of 2011 is set aside in revision. The main proceeding is remanded to the trial court for disposal on merits after granting reasonable opportunity to the revision petitioner to file objections, and to adduce evidence. The parties will appear in the trial court on 24.7.2014. The trial court is hereby directed to dispose of the main proceeding, as expeditiously as possible, or within six months, if possible. As a condition for allowing this revision and granting opportunity to contest the matter, the revision petitioner is hereby directed to pay interim maintenance to his wife and child at the rate of 50% of the amount granted by the trial court under the impugned order. The amount of interim maintenance at the said rate shall be payable from the date of filing of the petition till the disposal of the main proceeding. This order for maintenance can be executed by the respondents in the trial court. It is submitted that the child has now become major. This aspect shall be considered by the trial court while taking decision in the main proceeding.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge