Harilal, J.
The petitioner is the respondent in O.P. No.251/13 filed before the Family Court, Malappuram by the respondent herein who is the father of the petitioner. The respondent claimed contribution to the marriage expenses of his two daughters and past maintenance for three years totaling to more than Rs.9 lakhs. According to the petitioner, when the original petition has taken up for hearing, the petitioner was absent as he was laid up with fever and he could not appear before the court. Consequently, the court below passed Ext.P2 ex parte order. Aggrieved by the said order, the petitioner filed I.A. No.1507/13 to set aside the ex parte order and the same was allowed on condition that the petitioner deposits half of the decree amount within two weeks. The said order was challenged before this Court in O.P(F.C) No.237/14 under Article 227 of the Constitution of India and this Court found that the terms of condition is harsh and directed the court below to re-consider O.P(FC).425/14-R :2:
I.A. No.1507/13. In compliance with the direction of this Court, the court below again considered the said I.A. and allowed the petition to set aside the ex parte order on condition that the petitioner pays Rs.1,500/- to the respondent as cost and further deposits an amount of Rs.15,000/- towards maintenance amount payable under the order within two weeks from the date of the order. The legality and correctness of this order are under challenge in this original petition.
2. The learned counsel for the petitioner contends that the condition imposed by the court below is excessive and disproportionate with the matter in issue. There was no negligence or laches from the part of the petitioner in not appearing before the court below as he was laid up, when the case was taken up for hearing. So he was unable to appear before the court below at the relevant time.
3. Per contra, the learned counsel for the respondent advanced arguments to justify the condition imposed by the court below. According to him, the condition imposed by the court below for setting aside the ex parte order is just and proper.
4. Having regard to the facts and circumstances of the O.P(FC).425/14-R :3:
case, we are of the opinion that the condition imposed by the court below is a little excessive and disproportionate with the matter in issue involved in the impugned order.
5. Consequently, the amount directed to be deposited will stand reduced to Rs.5,000/- (Rupees Five thousand only) and the rest of the order will stand as such without any interference. The petitioner shall deposit the said amount within two weeks from the date of receipt of a copy of this judgment.
This original petition is disposed of accordingly.
Sd/-
(V.K.MOHANAN, JUDGE)
Sd/-
(K.HARILAL, JUDGE)
okb.