An exparte maintenance order passed under Section 125 Cr.PC. by the Family Court, Thiruvalla is under challenge in this revision. The amount awarded as Rs.3,500/- each to the wife and minor child of the revision petitioner. Now it is submitted that the revision petitioner has already filed an application before the trial court to set aside the exparte order along with an application to condone the delay, and that the two applications are pending before the trial court. In such a situation this revision can be closed without prejudice to the right of the petitioner to prosecute those applications before the trial court. However, a condition has to be imposed for prosecuting the matter, that he will have to pay maintenance to his wife and child till the applications are considered and decided by the trial court.
RP.(FC).No.121/2014.
2 2. In the result, this revision is closed without prejudice to the right of the petitioner to prosecute the application filed by him before the trial court to have the exparte order set aside, on condition that 50% of the amount due under the maintenance order shall be deposited by him in the trial court within six weeks. The respondents are allowed to withdraw this amount deposited in the trial court. Execution of warrant, if any, issued from the trial court shall be kept in abeyance till the above applications are decided on merit by the trial court.
Sd/-
P. UBAID, (Judge)
Kvs/-
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PA TO JUDGE.