Court upheld Family Court's decision on maintenance due to petitioner's negligence in compliance.

O R D E R

The petitioner is the husband of the 1^st respondent and father of respondents 2 and 3. The respondents filed M.C.No. 216 of 2016 before the Family Court, Malappuram claiming maintenance under Section 125 of Cr.P.C. The Family Court passed an ex-parte order directing the petitioner to pay monthly maintenance at the rate of Rs.4,500/-, Rs.3,500/- and Rs.2,000/- to respondents 1 to 3. The petitioner filed CMP No.2 of 2020 to set aside the ex-parte order and CMP No.1 of 2020 to condone the delay of 835 days in filing the petition to set aside the ex-parte order. The Family Court allowed the said petitions on condition that the petitioner shall deposit 70% of the arrears of maintenance payable to the respondents as on the date of order i.e., 13.01.2021. The said order is under challenge in this revision petition.

2. The case was admitted on 31.03.2021 and an interim stay of further proceedings based on the impugned order was granted on condition that the petitioner shall deposit 35% of the arrears of maintenance within one month. The said condition has not been complied with even now in spite of a lapse of four years. The learned Counsel for the petitioner has reported no instructions. The petitioner has not made any alternative arrangements to represent him. The petitioner is also not present. I have perused the records.

3. There was a huge delay of 835 days. The reason for the delay has not been satisfactorily explained. In the impugned order, the Family Court found that the petitioner was recklessly negligent in discharging his duty to his wife and children. However, the Family Court was magnanimous enough to grant a further opportunity to the petitioner to contest the petition on merits, on condition that he shall pay 70% of the arrears of maintenance. The petitioner managed to obtain a stay from this Court as early as in the year 2021, on condition that he shall deposit 35% of the arrears of maintenance, and he has been enjoying the fruits of the stay so far for the last four years without paying a single paise.

4. Hence, I see no reason to interfere with the impugned order. Accordingly, the revision petition is dismissed.

5. The Family Court, Malappuram is directed to take immediate steps in accordance with law to execute the order in M.C.

No.216 of 2016.

The Registry is directed to forthwith forward this order to the Family Court, Malappuram for compliance.