Dileep vs Mohanan

Type Court Judgment Court Kerala Decided Aug 24, 2023

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https://sooperkanoon.com/case/1374817

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Citation: sooperkanoon.com/1374817
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Aug 24, 2023
Case Number: OP(Crl.)/549/2023

Parties & Advocates

Appellant / Petitioner

Dileep

Respondent

Mohanan

Excerpt

.....stands dismissed.”5. now the learned counsel for the petitioners would submit that only rs.20,000/- deposited and the learned counsel is not even in a position to tell the date of deposit.6. going by the impugned order, the family courtset aside the ex-parte order with direction to the petitioners herein to effect deposit of 50% of the arrears on or before 24.06.2023 and the remaining 50% on or before 07.07.2023. admittedly, the petitioners did not deposit the amount as directed by the family court.7. therefore, this original petition stands allowedby extending time for payment of arrears as directed by the family court in ext.p1 impugned order on or before 15.09.2023. on such payment, the impugned order viz.order in c.m.p. no.504/2022 in m.c. no.139/2020 dated01.06.2023 challenged in this original petition stands set aside, with liberty to the petitioners/respondents in mc to adduce evidence. if the amount is not deposited on or before 15.09.2023, the impugned order in c.m.p. no.504/2022 in m.c. no.139/2020 dated 01.06.2023 shall stand revived and the family court can enforce the order in c.m.p. no.504/2022 in m.c. no.139/2020 dated 01.06.2023, without fail. sd/- a. badharudeen sk judge appendix of op(crl.) 549/2023 petitioner exhibits : exhibit p1 true copy of the order dated 01.06.2023 in c.m.p no. 504/2022 in m.c. no. 139/2020 on the files of family court, ottapalam exhibit p2 true copy of the order dated 09.09.2021 in m.c. no. 139/2020 on the files of family court, ottapalam respondents' exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 24TH DAY OF AUGUST 2023 / 2ND BHADRA, 1945 OP(CRL.) NO. 549 OF 2023 IN CHALLENGE OF THE ORDER DATED 01.06.2023 IN C.M.P. NO.504/2022 IN MC NO.139/2020 ON THE FILES OF FAMILY COURT, OTTAPPALAM PETITIONERS/PETITIONERS/RESPONDENTS: 1 DILEEP AGED 40 YEARS, S/O. MOHANAN, 2 ANOOP AGED 38 YEARS, S/O. MOHANAN, 3 SANDEEP AGED 36 YEARS, S/O. MOHANAN, BY ADV HAROON RASHEED A RESPONDENT/RESPONDENT/PETITIONER: MOHANAN AGED 60 YEARS, S/O KUNJUNNI, THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 24.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 24th day of August, 2023 This original petition (criminal) has been filed under Article 227 of the Constitution of India to set aside Ext.P1 order viz. Order in C.M.P. No.504/2022 in M.C. No.139/2020 dated 01.06.2023.

2. Heard the learned counsel for the petitioners. Even though notice issued to the respondent, he did not appear.

3. In this matter, as early on 09.09.2021 the Family

Court ordered maintenance in favour of the respondent herein who is none other than the father of the petitioners herein to pay Rs.1,500/- each by the petitioners herein.

4. Aggrieved by the ex-parte order, the petitioners

filed C.M.P. No.504/2022 to set aside the ex-parte order

along with C.M.P. No.502/2022 to condone delay of 344 days. The Family Court condoned the delay and allowed the petition to set aside ex-parte order imposing following conditions: “1. The petition is allowed on condition of payment of arrears of maintenance by the petitioners herein, who are the respondents in MC. No.139/2020, jointly at the rate of Rs.1,500/- per month to the petitioner in the MC. No.139/2020 towards his maintenance from 09.09.2020 till 31.05.2023.

2. The original respondents/petitioners herein

shall pay 50% of the arrears on or before 24.06.2023 and the remaining 50% of arrears shall be paid on or before 07.07.2023 to the petitioner in MC. No.139/2020, failing which, CMP. No.504/2022 shall stands dismissed.”

5. Now the learned counsel for the petitioners would submit that only Rs.20,000/- deposited and the learned counsel is not even in a position to tell the date of deposit.

6. Going by the impugned order, the Family Court

set aside the ex-parte order with direction to the petitioners herein to effect deposit of 50% of the arrears on or before 24.06.2023 and the remaining 50% on or before 07.07.2023. Admittedly, the petitioners did not deposit the amount as directed by the Family Court.

7. Therefore, this original petition stands allowed

by extending time for payment of arrears as directed by the Family Court in Ext.P1 impugned order on or before 15.09.2023. On such payment, the impugned order viz.

order in C.M.P. No.504/2022 in M.C. No.139/2020 dated

01.06.2023 challenged in this original petition stands set aside, with liberty to the petitioners/respondents in MC to adduce evidence. If the amount is not deposited on or before 15.09.2023, the impugned order in C.M.P. No.504/2022 in M.C. No.139/2020 dated 01.06.2023 shall stand revived and the Family Court can enforce the order in C.M.P. No.504/2022 in M.C. No.139/2020 dated 01.06.2023, without fail. Sd/- A. BADHARUDEEN SK JUDGE APPENDIX OF OP(CRL.) 549/2023 PETITIONER EXHIBITS : EXHIBIT P1 TRUE COPY OF THE ORDER DATED 01.06.2023 IN C.M.P NO. 504/2022 IN M.C. NO. 139/2020 ON THE FILES OF FAMILY COURT, OTTAPALAM EXHIBIT P2 TRUE COPY OF THE ORDER DATED 09.09.2021 IN M.C. NO. 139/2020 ON THE FILES OF FAMILY COURT, OTTAPALAM RESPONDENTS' EXHIBITS: NIL

Same Court & Year Kerala · 2023 Same Parties Dileep vs Mohanan Same Judge Honourable Mr. Justice a. Badharudeen