The court determines the process for seeking to set aside an ex-parte order while establishing payment terms.

JUDGMENT

The prayers in this Original Petition filed under Article

227 of the Constitution of India are as follows:-

”i) To call for the records leading to Ext. P6 order in MP No. 60 of 2024 in MC No. 27 of 2024 dated

09.05.2025 and set aside the same;

ii) To direct the Family Court, Irinjalakuda to consider and pass orders in Ext P3 petition, to set aside the ex-

parte proceedings positively;

iii) Issue any other direction which this Hon’ble court may deem fit on the facts of the case. ”

2. The petitioner challenges Ext.P6 order whereby he has been directed to pay interim maintenance at the rate of Rs.5,000/- per month to the respondent No.1/wife.

3 Heard the learned counsel for the petitioner and the learned counsel for the respondents.

4. The learned counsel for the petitioner submitted that the petitioner was set ex-parte on 31.07.2024 and on getting knowledge regarding the ex-parte order, he filed Ext.P3 to set aside the ex-parte order. The grievance of the petitioner is that the learned Family Court Judge has not considered Ext.P3. It is submitted that the petitioner was working in Mumbai and he was incapacitated to appear before the Court. The learned counsel for the petitioner submitted that the petitioner has stated the reasons for his non-appearance in paragraph 2 in Ext.P3.

5. This Court refrains from making any observation on the merits of Ext.P6. The petitioner is permitted to pay the amount directed to be paid as per Ext.P6 in five equal monthly instalments. The first instalment shall be paid on or before 05.03.2026 and the subsequent instalments shall be paid on or before the last working day of every succeeding month. The learned Family Court Judge shall consider Ext.P3 and take a decision on it within a period of one month from the date of production of a certified copy of this judgment.

The Original Petition is disposed of as above.

Sd/-