Jamsheed vs Anseena.T
2022 Latest Caselaw 6838 Ker

          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

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

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

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