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2023 Supreme(Online)(KER) 2658

HIGH COURT OF KERALA
GOPINATH P, J
PRADEEP – Appellant
Versus
SHINTA – Respondent


Advocates:
SRI.C.A.ANOOP

JUDGMENT

The petitioner has approached this Court, challenging the order dated 03.10.2016 in M.P. No.1081/2016 in M.C.

No.382/2014.

2. M.P. No.1081/2016 was a petition filed by the petitioner seeking to set aside an ex parte order, directing the payment of maintenance in a proceedings under Section 125 Cr.P.C. The said petition was allowed by the Family Court, Thrissur on condition that the petitioner deposits half of the maintenance ordered, for 25 months, within a period of one month from the date of the order.

3. Learned counsel appearing for the petitioner would submit that the condition imposed by the Family Court for setting aside the ex parte order in M.C No.382/2014 is unreasonable and not sustainable. It is submitted that the petitioner had shown sufficient cause for setting aside the ex parte order and an unreasonable condition ought not to have been imposed on the petitioner.

4. I have perused the order in M.P. No.1081/2016 in M.C. No.382/2014. The Family Court had considered the application for setting aside the ex parte order in detail and it found that, on 21.04.2015 also, the petitioner had been set ex parte, which was set aside by filing CMP No.602 of 2015. Thereafter

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