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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SHINOY – Appellant
Versus
SUVIJA.K – Respondent
| Table of Content |
|---|
| 1. challenge to costs imposed in maintenance cases. (Para 1 , 2) |
| 2. court finds imposed costs excessive. (Para 3 , 6) |
| 3. counsel arguments about financial capacity. (Para 4) |
| 4. court's decision to allow request for reasonable payment. (Para 7 , 8) |
K.BABU, J.
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O.P (Crl) No.76 of 2026 ---------------------------------------
Dated this the 10th day of February, 2026 JUDGMENT The challenge in this Original Petition is to Ext.P6 order whereby the learned Family Court Judge, Kozhikode ordered the petitioner to pay a sum of Rs.25,000/- as costs as a condition for allowing an application seeking to set aside the ex-parte order passed against the petitioner in a Maintenance Case.
2. The respondents filed M.C No.242/2022 before the Family Court seeking maintenance from the petitioner. When the petitioner remained absent, the Court set him ex-parte and passed an award against him. He filed an application to set aside the ex- parte order under the proviso to Section 126 of the Cr.PC. The learned Family Court Judge allowed the application on payment of Rs.25,000/- as costs. The petitioner failed to pay costs.
Consequently, the Family Court dismiss
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