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2013 Supreme(Online)(KER) 28571

HIGH COURT OF KERALA
K.HARILAL, J
P.M.JOSE – Appellant
Versus
LALI JOSE – Respondent


Advocates:
SRI.P.BABU KUMAR, SRI.P.K.RAVISANKAR

O R D E R

The Revision petitioner is the respondent in M.C.No.205/2012 of the family court, Kottayam. The above M.C was filed by the respondents herein u/s 125(1) of Cr.P.C, claiming maintenance allowance from the Revision petitioner. The 1st respondent is the divorced widow and respondents 2 and 3 are minor children of the Revision petitioner. The 1st respondent claimed Rs.4,000/- per month and respondents 2 and 3 claimed Rs.3,000/- each as monthly allowance. After trial, the family court directed the Revision petitioner to pay monthly allowance at the rate of Rs.1,000/- to the 1st respondent and Rs.1,500/- each to respondents 2 and 3. This order is under challenge in this Revision petition.

2. At the outset, the learned counsel appearing for the Revision petitioner submits that the impugned order was an exparty order. So the Revision petitioner could not contest the matter on merits by adducing sufficient evidence. The Revision petitioner did not file any objection on the belief that the matter will be settled by Mediation and the Mediation was going on. While so, he was in search of a job and he met with an accident. Thereafter he was bed ridden for a long period. Therefore, he w

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