A petitioner may set aside an ex parte maintenance order conditioned upon the deposit of arrears.

O R D E R

This revision petition has been filed challenging the order passed by the Family Court, Palakkad, dismissing the petition to set aside the ex parte order in M.C. No.313/2014.

2. The petitioner is the husband of the first respondent and father of respondents 2 and 3. The respondents have filed M.C. No.313/2014 against the petitioner before the Family Court claiming maintenance. The petitioner was set ex parte and an ex parte order was passed. The Family Court, after trial, granted monthly maintenance at the rate of Rs.3,000/- to the first respondent and Rs.2,000/- each to respondents 2 and 3 with effect from 22.12.2014. The petitioner filed Crl.M.P. No.1002/2016 to set aside the said ex parte order. The Family Court as per the impugned order allowed the petition on condition that the petitioner shall deposit the entire arrears of maintenance as on the date of passing the said order. It is challenging the said order that this revision petition has been filed.

3. I have heard Sri.Jacob Sebastian, the learned counsel for the petitioner, and Sri.Dinesh Mathew J.Muricken, the learned counsel for the respondents.

4. The total maintenance arrears as of this month would come to Rs.9,24,000/-, out of which the petitioner has already paid Rs.1,07,334/-, and the balance would come to Rs.8,16,666/-.

5. Having heard both sides, this revision petition is disposed of, setting aside the ex parte order in M.C. No.313/2014 on condition that the petitioner shall deposit a sum of Rs.5,00,000/- towards the maintenance arrears due within a period of one month from today. On such deposit, the ex parte order in M.C. No.313/2014 would stand set aside and the Family Court shall dispose of the maintenance case in accordance with law after giving both sides an opportunity to be heard. If the petitioner fails to deposit the maintenance arrears as aforementioned, the ex parte order in the maintenance case would stand confirmed.

This revision petition is disposed of as above.