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2025 Supreme(Online)(KER) 1924

HIGH COURT OF KERALA
Kauser Edappagath, J
SHEIKH MOHAMMAD HANEEF @ MOHAMMAD HANEEF MOHIDEEN – Appellant
Versus
MUSHRATH JAHAN – Respondent


Advocates:
PUSHPARAJAN KODOTH, K.JAYESH, MOHANKUMAR, VANDANA MENON, VIMAL VIJAY, VINAYAK MANOHARAN P.

ORDER

This Revision Petition has been orders in MC No.132 of 2023 dated 12.02.2024 and CMP No.261 of 2024 and Cr.RPIA No.262 of 2024 in M.C.No.132 of 2023 dated 11.11.2024 on the Kasaragod.

2. The petitioner herein is the husband of the respondent. The respondent filed MC No.132 of 2023 before the Family Court claiming maintenance. The petitioner was set exparte. The Family Court allowed MC No.132 of 2023 as per the order dated 12.02.2024, granting a monthly maintenance of Rs.10,000/- to the respondent from the date of the petition. Thereafter, the petitioner Cr.RPIA No.262 of 2024 to set aside the exparte order and CMP No.261 of 2024 to condone the delay in petition to set aside exparte order. The Family Court, after hearing both sides, dismissed CMP No.261 of 2024 as well as Cr.RPIA No.262 of 2024.

3. I have heard the learned counsel for the petitioner. Even though notice has been served there is no appearance for the respondent.

4. According to the petitioner, he was not served with any notice in the MC proceedings and hence his non appearance before the Family Court was not willful. The Family Court veri issued by the Court to the petitioner. It was found that the petitioner refuse

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