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2023 Supreme(Online)(KER) 26810

HIGH COURT OF KERALA
VASANTH KUMAR
– Appellant
Versus

HEMALATHA – Respondent


JUDGMENT

Dated this the 9th day of January, 2023 This revision petition has been filed under Section

19(4) of the Family Court Act, 1984, challenging order in Crl.RPIA No. 346/2021 in MC No.166/2019 on the files of the Family Court, Kasaragod. The revision petitioner is the petitioner in the above petition and the respondent in MC No. 166/2019. The respondents are the original petitioner and the State.

2. Heard the learned counsel for the revision petitioner and the learned counsel appearing for the 1st respondent as well as the learned Public Prosecutor.

3. It is submitted by the learned counsel for the revision petitioner that, in the year 2013 the 1st respondent herein filed MC No.44/2013. As per order dated 27.08.2023 the MC was allowed with direction to the petitioner herein to pay Rs.2,500/- per month as maintenance.

4. Thereafter, the 1st respondent filed MC No.166/2019 to enhance the quantum of maintenance and the same was allowed ex-parte, granting maintenance at the rate of Rs.7,500/- per month.

5. The petitioner herein filed Crl.RPIA No.346/2021 to set aside the ex-parte order and the same was dismissed as per the order impugned on the ground that the petitioner failed to proc

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