A previously ex-parte maintenance order can be contested if proper conditions for payment of arrears are met.

O R D E R

I have heard the learned Counsel for the revision petitioner and the learned Counsel appearing for the respondents.

2. The revision petitioner is the respondent in MC No.300 of 2022 on the file of the Family Court, Thalassery, an application filed under Section 125 of Cr.P.C. Respondent No.1 is the former wife and respondent Nos.2 and 3 are the children of the revision petitioner. They sought a direction to the revision petitioner to pay a monthly maintenance of Rs.17,000/-. The Family Court passed an award directing the revision petitioner to pay Rs.17,000/- per month to the respondents as maintenance. The revision petitioner remained as ex-parte in the proceedings. He filed an application to set aside the ex-parte order by filing CMP No.984 of 2024 along with an application to condone the delay of 728 days. The learned Judge allowed the applications on condition that the petitioner deposits the entire arrears of maintenance within one month from the date of the order. This order is under challenge.

3. At the time of admission on 25.02.2026, this Court directed the petitioner to pay an amount of Rs.3,00,000/- towards the arrears of maintenance on or before 03.03.2026. The petitioner remitted Rs.3,00,000/- before the Family Court, Thalassery in compliance with the direction of this Court. The revision petitioner pleaded before the Family Court that he had not received notice on the proceedings as he was working in the Middle East. He filed an affidavit in support of his pleadings. The Family Court found that he be given an opportunity to contest the matter on its merits on condition that he clears the entire arrears. 4. Having considered the circumstances brought out, this Court finds no reason to interfere with the order setting aside the ex- parte award. However, the order requires modification in respect of the amount directed to be paid towards arrears of maintenance. The revision petitioner had already paid Rs.3,00,000/- towards arrears of maintenance. He shall pay a further sum of Rs.50,000/-

within two months towards arrears of maintenance.

CMP No.984 of 2024 and CMP No.985 of 2024 in M.C.

No.300 of the Family Court, Thalassery stand allowed on condition that the petitioner pays Rs.3,50,000/- as mentioned above. As he had already paid Rs.3,00,000/-, he has to pay Rs.50,000/- towards the arrears of maintenance within two months. The Family Court is directed to dispose of the maintenance case as expeditiously as possible, at any rate, within four months from the date of production of a certified copy of this order. The Family Court shall forthwith release the amount deposited towards arrears of maintenance to respondent No.1 on her application.

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