Fair representation is essential in family law matters, and compliance with maintenance obligations is necessary for setting aside ex-parte orders.

JUDGMENT :

1. The above Original Petition (C) is filed with the following prayers:

“(i) To call for the records leading to Exhibit.P2 order dated 15.7.2021 in M.C. No.105/2020 on the file of the Hon’ble Family Court, Alappuzha and P11 order dated 1-6-2023 in C.M.P. No.1/2022 in M.C. No.105/2020 and to set aside the same passed by the Hon’ble Family Court, Alappuzha and allow this Original Petition (Crl), so as to secure the ends of justice.

(ii) To set aside the Exhibit-P16 order dated 22.12.2023 in C.M.P. No.110 of 2021 in M.C. No.105/2020 on the file of the Hon’ble Family Court, Alappuzha.

(iii) To direct the Hon’ble Family Court to consider and pass orders on Expt.P.15 Review petition filed by the petitioner herein within a time frame fixed by this Hon’ble Court ." [SIC]

2. The petitioner suffered an ex-parte order in MC No.105/2020 from the Family Court, Alappuzha. The petitioner filed an application to set aside the same as Cr.M.P. No.1/2022 in M.C. No.105/2020. The same is dismissed stating that there is no representation. The petitioner submitted his reason for not attending the Court, is not deliberate. The petitioner submitted that, the same may be set aside and there may be a direction to consider the same afresh.

3. Heard the counsel for the petitioner and the counsel appearing for the respondents.

4. The counsel for the petitioner reiterated the contentions raised in this Original Petition (Crl). The counsel appearing for the respondents submitted that, there is huge arrears of maintenance to be paid by the petitioner and the arrears is now about Rs.3,92,000/-. Admittedly, the order passed is an ex-parte order.

5. When this Original Petition came up for consideration on 23.01.2024, this Court passed the following order:

" Issue notice to respondent No.1.

In the meantime, Exhibit.P16 shall stand stayed for a further period of four weeks, on condition that the petitioner pays an amount of Rs.50,000/- (Rupees Fifty Thousand Only) towards the arrears of interim maintenance directed to be paid by order dated 15.07.2021 in M.C. No.105/2020 on the files of the Family Court, Alappuzha.

Post on 26.02.2024. If the amount is not paid on or before 23.02.2024, the interim order shall not be extended."

6. The counsel appearing for the petitioner submitted that, Rs.50,000/- is already deposited. If that is the case, the respondents can withdraw the same. Ext.P11 can be set aside on condition that the petitioner will deposit another Rs.50,000/- before the Family Court. Therefore, this Original Petition (Crl) is disposed of with following directions:

1. Ext.P11 stands set aside on condition that the petitioner will deposit a further amount of Rs.50,000/- before the Family Court, within one month from today.

2. If the amount is deposited, the Family Court will restore Cr.M.P. No.1/2022 in M.C. No.105/2020 and consider that application in accordance with law and pass appropriate orders after hearing both sides.

3. The amount deposited as per order dated 23.01.2024 can be withdrawn by the respondents.

4. The Family Court will dispose Cr.M.P. No.1/2022 in M.C. No. 105/2020, as expeditiously as possible, at any rate, within a period of six weeks from the date on which the amount is deposited as directed above.

7. All the contentions raised in this Original Petition (Crl) are left open and the petitioner can raise the same before the Family Court.