The revision petitioner herein is aggrieved by the ex parte maintenance order passed by the Family Court Malappuram in M.C.No.542/2011, on 12/10/2011. His application to set aside the ex parte order, filed as CMP No.1481/2011 was allowed by the trial court on condition that 50% of the amount due under the impugned order as on the date of the order shall be deposited within a particular period. 2. When this revision petition came up for hearing, both the parties submitted that it would be proper and just to have the dispute decided on merits after hearing both sides. The revision petitioner is ready to make deposit, but he wants some reduction in the amount in the particular circumstances where he does not find any source of income. Of course, the other side opposed the request, but conceded for some reasonable modification.
RP(FC).No.66 of 2014 2
I feel that the amount ordered to be deposited in the trial court as a condition for setting aside the ex parte maintenance order can be modified as 1/3 of the total amount due as on 28/09/2012.
3. In the result, this revision petition is allowed in part, modifying the impugned order to the effect that the amount to be deposited shall be 1/3 of the total amount due under the impugned order as on 28/09/2012.
The revision petitioner will deposit the said amount on or before 25/07/2014. The trial court will make earnest efforts to decide the main claim as expeditiously as possible. In case, the revision petitioner failed to make deposit as ordered by this Court, the respondent can execute the ex parte order. The respondent is permitted to withdraw the amount deposited by the revision petitioner.
Sd/-P.UBAID JUDGE MJL