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2014 Supreme(Online)(KER) 37638

HIGH COURT OF KERALA
P.UBAID, J
MUSTHAFA – Appellant
Versus
M.C.HASEENA – Respondent


Advocates:
SRI.P.SAMSUDIN, SRI.K.C.ANTONY MATHEW, SMT.S.JASMINE

O R D E R

The revision petitioner is aggrieved by the ex parte maintenance order passed by the Family Court, Ottappalam in M.C No.354 of 2011 on 9.11.2012. The respondents herein are his wife and child. The revision petitioner entered appearance in the trial court in the said claim brought under Section 125 of Cr.P.C by his wife and son, through counsel, but later he remained absent, or he could not make proper appearance. In such a situation, the claim was decided ex parte. Accordingly, the revision petitioner was directed to pay maintenance to the wife at the rate of ₹ 4000/- per month and to the minor son at the rate of ₹ 3000/- per month. On 31.1.2013, well within three months from the date of disposal of the maintenance claim, the revision petitioner filed application before the trial court as C.M.P. No.12 of 2013, to have the ex parte order against him set aside. Quite unnecessarily, another application was also filed as C.M.P. No.11 of 2013 for condonation of delay in filing the other application to set aside the ex parte order. The trial court took up C.M.P. No.11 of 2013, and after hearing both sides, dismissed the said application on the finding that the reason stated by

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