Appeal allowed subject to depositing maintenance arrears, allowing original petition to be contested.

Devan Ramachandran , J.

This appeal calls into question the correctness of the judgment of the learned Family Court, Mavelikkara, in OP(Others) No.921/2021.

2. The afore Original Petition was filed by the respondent seeking return of her gold ornaments, money and household articles, which she asserted to comprise her patrimony; and this has been allowed in her favour, after the pleadings of the appellant had been struck off because he had refused to remit the amounts ordered in her favour as maintenance in a different Maintenance Case.

3. Sri.Iype Joseph – appearing for the appellant, today conceded that, after depositing the money which this Court had imposed as a condition on his client for condoning the delay in filing this appeal, a further amount of Rs.2,86,000/- is due. He submitted that his client will deposit the said amount before the learned Family Court; and pleaded that, on such, the impugned judgment be set aside, so that he can defend the Original Petition.

4. We must record with appreciation that Sri.Rinny Stephen Chamaparambil – learned counsel for the respondent, submitted that, if the appellant is to deposit the entire arrears of maintenance and some more before the learned Family Court, within a time frame to be fixed by this Court, he can be given an opportunity to contest the matter, particularly because the patrimony, inter alia, involves substantial weight of gold, namely 27 sovereigns. He, however, pleaded that if the condition to be imposed by this Court is to be violated, then the impugned judgment be approved.

5. The afore virtual consent of the respondent saves us from the burden of writing a detailed judgment, especially on the contents of the appeal.

6. As matters now stand, the appellant has not been allowed to contest the Original Petition because his defence/pleadings had been struck off. The said order is not in challenge and normally, therefore, this Court would have been incapacitated from considering those issues. However, since the respondent also agrees that, if the arrears of maintenance are deposited along with some more money, the appellant can be given the opportunity of contesting the matter, we choose to grant him the said latitude.

7. In the afore circumstances, with the consent of both sides, we allow this appeal and set aside the judgment of the learned Family Court; however, on condition that the appellant will deposit an amount of Rs.3,25,000/- within a period of one month from the date of receipt of a copy of this judgment.

8. On the afore deposit being made, the learned Family Court will proceed to dispose of the Original Petition, after affording necessary opportunities to both sides, de hors the fact that the pleadings of the appellant had been struck off in the past; and attempt to dispose of the said Petition within the shortest period of time.

9. Needless to say, if the afore deposit is not made within the time frame granted, then the benefit of the judgment will be lost to the appellant and the impugned judgment of the learned Family Court will stand reinstated and confirmed.

At this time, Sri.Rinny Stephen Chamaparambil pointed out that there is an attachment of property ordered by the learned Family Court when the Original Petition was pending. Obviously, this attachment will continue until such time as the Original Petition is disposed of by the learned Family Court in terms of law.