JUDGMENT

K.T. Sankaran J., The respondents filed M.C. No.1 of 2009 on the file of the Family Court, Palakkad against the petitioner claiming maintenance. The Family Court allowed the maintenance case as per ex-parte order dated 25.7.2009. The petitioner filed C.M.P. No.1366 of 2009 to set aside the ex-parte order. The Family Court allowed that application on condition of deposit of one-half of the maintenance arrears upto date within three weeks from the date of the order. The Family Court held that the application for setting aside the ex-parte order was filed within time and that there was nothing to show that the petitioner (respondent in the M.C.)

absented before Court with any oblique motive.

2. The petitioner did not make the deposit within three weeks, as ordered by the Court. However, he paid the amount to the respondents and the respondents received the sum on 23.11.2010. The petitioner filed C.M.P. No.182 of 2010 to set aside the ex-parte order dated 25.7.2009. He also filed C.M.P. No.181 of 2010 to condone delay of 218 days in filing C.M.P. No.182 of 2010. In C.M.P. No.182 of 2010, the respondents filed an objection stating that the first respondent received the sum of Rs.3