Courts may set aside maintenance orders and grant an opportunity to lead evidence if a party was denied the right to present their defense, provided such relief is conditional upon the partial payment of maintenance arrears to protect the interests of the beneficiaries.

ORDER

The order passed by the Family Court, Thrissur, on 20.11.2025 in M.C.No.123 of 2024 directing payment of maintenance Rs.12,000/- per month to the 1^st respondent and Rs.8,000/- per month to the 2^nd respondent from the date of the petition filed for maintenance, is under challenge in this revision petition filed at the instance of the respondent in the aforesaid proceedings.

2. According to the petitioner herein, he was not given an opportunity to adduce evidence in support of his contentions before the Family Court. It is stated that a petition filed by him to recall PW1 was dismissed by the Court below. Thus, it is stated that the impugned order has been passed without considering the objections of the petitioner herein.

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

4. The impugned order of the Court below would reveal that the petitioner herein, who is the respondent in the M.C., had not adduced any evidence in the aforesaid proceedings. Having regard to the fact that the impugned order was passed by the Court below without considering the evidence which the petitioner proposed to adduce, I deem it appropriate to give an opportunity to the petitioner to adduce evidence before the Family Court, Thrissur, in support of his contentions. However, the petitioner has to deposit a portion of the arrears of maintenance due to the 1^st respondent as a pre-condition to allow his request in the above regard.

In the result, the revision petition is disposed of as follows :-

(i) The impugned order dated 20.11.2025 of the Family Court, Thrissur, in M.C.No.123 of 2024, stands set aside subject to the deposit of an amount of Rs.50,000/- (Rupees fifty thousand only) before the said Court, by the petitioner, within a period of 30 days from today.

(ii) The amount so deposited shall be disbursed to the 1^st respondent by the Family Court, Thrissur.

(iii) On deposit of the aforesaid amount by the petitioner herein, the Family Court, Thrissur, shall afford an opportunity to him to adduce evidence in support of his defence against the reliefs sought for by the other side.

(iv) After the completion of the evidence, the Court below shall consider the matter afresh and pass orders on merits after a detailed evaluation of the evidence on record.