J U D G M E N T

A.MUHAMED MUSTAQUE, J. These matters arise from a petition filed by the petitioner to set aside the ex-parte orders. An application filed by the petitioner has been allowed on a condition to deposit Rs.5,55,000/- towards arrears of maintenance.

2. Petitioner is the respondent in O.P.No.780 of 2014 on the file of the Family Court, Irinjalakuda. The above petition was filed by the respondents herein for past maintenance.

3. Petitioner is also the respondent in

M.C.No.192 of 2014 on the file of the Family Court, Irinjalakuda. The respondent filed the above petition for future maintenance.

4. Both matters tried together. Petitioner was set ex-parte. An ex-parte orders were passed in both cases.

5. Petitioner filed an application to set aside the ex-parte orders along with application to condone delay. The total delay involved in filing application to set aside ex-parte orders was 64 days. The Family Court allowed the applications imposed on conditions as mentioned above. Alleging it as an onerous condition, the petitioner approached this Court.

6. We heard both counsel.

7. In O.P.(FC).No.622 of 2021, at the time of admission we direct directing the petitioner to pay

Rs.50,000/-towards the maintenance of the minor child. It is now admitted at the bar the above amount has been paid. It is to be noted that cases are pending since 2014 onwards. The matter has been dragged to this level on account of the non co-operation of the petitioner. We cannot over look these facts, even though, delay involved is 64 days. Considering the above, we are of the view petitioner shall pay sum of Rs.5,000/- each as a cost in both the cases and another sum of Rs.25,000/- towards the maintenance of the child. The amount towards maintenance can be adjusted against the liability of the petitioner for payment of maintenance to the child for the past/future. The cost of

Rs.5,000/- in both cases as well sum of Rs.25,000/- shall be paid within a period of four weeks from today. The Family Court shall dispose both cases within a period of two months. The cost shall be paid through counsel before this Court and Rs.25,000/- shall be deposited before the Family Court. On deposit of the maintenance, the respondents are permitted to withdraw the same.

These petitions are disposed of accordingly.

Sd/- A.MUHAMED MUSTAQUE, JUDGE Sd/- SOPHY THOMAS, JUDGE

AS

APPENDIX OF OP (FC) 622/2021 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE OP. 780 OF 2014 BEFORE THE FAMILY COURT, IRINJALAKUDA DATED 16.9.2014.

EXHIBIT P2 A TRUE COPY OF THE OBJECTION IN OP 780 OF 2014 FILED BY THE PETITIONER DATED NIL.

EXHIBIT P3 A TRUE COPY OF MC .192 OF 2014 BEFORE THE FAMILY COURT, IRINJALAKUDA DATED

16.9.2014. EXHIBIT P4 A TRUE COPY OF THE APPLICATION FOR ADJOURNMENT IA 568 OF 2018 IN OP. 780 OF 2014 BEFORE THE FAMILY COURT, IRINJALAKUDA DATED 22.2.2018.

EXHIBIT P5 A TRUE COPY OF I.A. 824/2018 OF 2018 IN

OP. 780 OF 2014 OF THE FAMILY COURT, IRINJALAKUDA DATED 13.3.2018.

EXHIBIT P6 A TRUE COPY OF THE COMMON JUDGMENT IN OP. 780 F 2014 OF THE FAMILY COURT, IRINJALAKUDA DATED 19.3.2018.

EXHIBIT P7 A TRUE COPY OF THE IA 1161 OF 2018 IN OP. 780 OF 2014 OF THE FAMILY COURT, IRINJALAKUDA 16.4.2018 ALONG WITH ORDER DATED 7.6.2018.

EXHIBIT P8 A TRUE COPY OF THE APPLICATION TO SET ASIDE EXPARTE DECREE IA 1854 OF 2018 IN O.P. 780 OF 2014 IN THE FAMILY COURT, IRINJALAKUDA DATED 20.06.2018 AND DELAY.

EXHIBIT P9 A TRUE COPY OF THE APPLICATION TO SE ASIDE EX PARTE IN IA 1855 OF 2081, IN OP 780 OF 2014 IN THE FAMILY COURT, IRINJALAKUDA DATED 20.06.2018.

EXHIBIT P10 A TRUE COPY OF THE MP 316 OF 2018 IN MC 192 OF 2014 OF THE FAMILY COURT, IRINJALAKUDA DATED 3.5.2018.

EXHIBIT P11 A TRUE COPY OF THE COMMON ORDER PASSED IN IA 1855 OF 2018 AND IA 1854 OF 2018 IN OP 780 OF 2014 OF THE FAMILY COURT, IRINJALAKUDA DATED 8.11.2021. APPENDIX OF OP(CRL.) 520/2