IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
RPFC NO. 145 OF 2022
AGAINST THE ORDER/JUDGMENT IN MC 366/2018 OF FAMILY
COURT,KOZHIKODE
REVISION PETITIONER/PETITIONER:
JAMSHEED
AGED 36 YEARS
THESNI MAHAL, EAST NADAKKAVU,
KOZHIKODE, PIN - 673 011
BY ADVS.B.PREMNATH (E)
SARATH M.S.
MANI GOVINDA MARAR
RESPONDENTS/RESPONDENTS:
1 ANSEENA.T
AGED 29 YEARS
THAZHATHEYIL VEEDU, KUTTIKKATTUR,
P.O.VELLIPARAMBU, KOZHIKODE, PIN - 673 008
2 ASILA PRAVEEN
AGED 8 YEARS
THAZHATHEYIL VEEDU, KUTTIKKATTUR,
P.O.VELLIPARAMBU, KOZHIKODE, PIN - 673 008
3 FATHIMA ISA
AGED 5 YEARS
THAZHATHEYIL VEEDU, KUTTIKKATTUR,
P.O.VELLIPARAMBU, KOZHIKODE, PIN - 673 008
BY ADV MUHAMMED SHAFI M
THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR
HEARING ON 14.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
R.P.(FC) No. 145 of 2022
-:2:-
ORDER
Dated this the 14th day of June, 2022 This revision is filed challenging an order passed by Family Court, Kozhikode in Crl.M.P. Nos.1/2021, 2/2021, 3/2021 and 4/2021. An ex parte order was passed in M.C. No.366/2018 on 10.03.2020 directing the revision petitioner to pay monthly maintenance allowance at the rate of Rs.10,000/- to his wife and Rs.3,500/- and Rs.3,000/- respectively to his minor children.
2. The revision petitioner has moved Crl.M.P. Nos.1/2021 and 2/2021 seeking to condone the delay and to set aside the ex parte order. On 12.01.2022 Crl.M.P. No.1/2021 was allowed by the Family Court on condition to pay Rs.50,000/- on 21.01.2022. The revision petitioner failed to pay Rs.50,000/- as directed by the Family Court. Thereupon the Family Court passed orders dismissing Crl.M.P. Nos.1/2021 and 2/2021. Now the grievance of the revision petitioner is that an arrest warrant was issued against him by an order passed in C.M.P. No.165/2020 in M.C. No.366/2018 filed by the respondents and that is pending R.P.(FC) No. 145 of 2022 -:3:- execution. According to the learned counsel, revision petitioner is ready to deposit Rs.50,000/- as directed by the Family Court provided, time is enlarged.
3. This Court has noticed that the Order in Crl.M.P. Nos.1/21 and 2/21 were passed on 12.01.2022 and the petitioners were granted time for deposit of Rs.50,000/- till 21.01.2022. The petition on hand is filed on 09.05.2022. The petitioner failed to approach the Family Court seeking for enlargement of time to make payment of Rs.50,000/-. Only when an arrest warrant was issued, he rushed to this Court with the petition on hand, seeking for enlargement of time.
4. Interest of justice demands grant of opportunity of being heard in a matter affecting his rights and payment having been undertaken to be made, this Court is inclined to enlarge time for payment.
In the result, revision petition is allowed and ten days' time is granted to the revision petitioner for payment of Rs.50,000/- to the 1st respondent and to file a memo evidencing such payment before the Family Court. Time is granted till R.P.(FC) No. 145 of 2022 -:4:- 24.06.2022. Further extension of time will not be granted. Execution of the arrest warrant issued will be kept in abeyance till 24.06.2022. If payment is made on or before 24.06.2022, the Family Court shall recall the arrest warrant. Annexures 3 and 4 orders shall stand set aside and orders passed in Annexures 1 and 2 shall stand restored on payment of Rs.50,000/- and production of receipt evidencing such payment. On deposit of Rs.50,000/- being made, the Family Court shall see that the same is released to the 1st respondent on appropriate application being filed by her.
Sd/-
MARY JOSEPH, JUDGE.
ttb R.P.(FC) No. 145 of 2022 -:5:- APPENDIX PETITIONER'S EXHIBITS :
ANNEXURE 1 : ORDER DATED 12.01.2022 IN CMP No.1/2021 IN M.C. No.366/2018 ON THE FILE OF THE FAMILY COURT, KOZHIKODE.
ANNEUXRE 2 : ORDER DATED 12.01.2022 IN CMP No.2/2021 IN M.C. No.366/2018 ON THE FILE OF THE FAMILY COURT, KOZHIKODE.
ANNEXURE 3 : ORDER DATED 11.03.2022 IN CMP No.1/2021 IN M.C. No.366/2018 ON THE FILE OF THE FAMILY COURT, KOZHIKODE.
ANNEXURE 4 : ORDER DATED 11.03.2022 IN CMP No.2/2021 IN M.C. No.366/2018 ON THE FILE OF THE FAMILY COURT, KOZHIKODE.
RESPONDENTS' EXHIBITS :
NIL //TRUE COPY// Sd/-
P.S. TO JUDGE R.P.(FC) No. 145 of 2022 -:6:-