RPFC NO. 16 OF 2022 1 2025:KER:26354 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 RPFC NO. 16 OF 2022 AGAINST THE ORDER DATED IN MC NO.242 OF 2018 OF FAMILY COURT, THALASSERY REVISION PETITIONER/RESPONDENT: M.C. ABDUL RAFEEK AGED 43 YEARS S/O.ABDUL RAHMAN, BISMILLA MANZIL, MANAKKAI, MATTANNUR P.O., KAYANI, KANNUR DISTRICT, PIN - 670 702. BY ADVS. K.SIJU S.ABHILASH ANJANA KANNATH T.S.SREEKUTTY RESPONDENTS/PETITIONER: 1 FASIYA C.P. AGED 34 YEARS D/O.JALEEL, 'FATHIMAS'. 5TH MILE, KADIRUR P.O., THALASSERY DISTRICT, PIN - 670 642. 2 RAMAL C.P. AGED 15 YEARS S/O.ABDUL RAFEEK, REPRESENTED BY MOTHER, FAYISA C.P., D/O.JALEEL, AGED 34 YEARS, RPFC NO. 16 OF 2022 2 2025:KER:26354 'FATHIMAS', 5TH MILE, KADIRUR P.O., THALASSERY DISTRICT, PIN - 670 642 (MINOR REPRESENTED BY HIS MOTHER, 1ST RESPONDENT). 3 AYISHA RASHA C.P. AGED 12 YEARS D/O.ABDUL RAFEEK, REPRESENTED BY HER MOTHER FASIYA C.P., D/O.JALEEL, AGED 34 YEARS, 'FATHIMAS', 5TH NILE, KADIRUR P.O., THALASSERY DISTRICT, PIN - 670 642 (MINOR REPRESENTED BY HER MOTHER, 1ST RESPONDENT). 4 MUHAMMED RIFAN C.P. AGED 8 YEARS S/O.ABDUL RAFEEK, REPRESENTED BY HER MOTHER FASIYA C.P., D/O.JALEEL, AGED 34 YEARS, ;'FATHIMAS', 5TH MILE, KADIRUR P.O., THALASSERY DISTRICT, PIN- 670 642.(MINOR REPRESENTED BY HER MOTHER, 1ST RESPONDENT). 5 RINSHA ZAINAB C.P. AGED 6 YEARS D/O.ABDUL RAFEEK, REPRESENTED BY HER MOTHER FASIYA C.P., D/O.JALEEL, AGED 34 YEARS, 'FATHIMAS', 5TH MILE, KADIRUR P.O., THALASSERY DISTRICT, PIN - 670 642 (MINOR REPRESENTED BY HER MOTHER, 1ST RESPONDENT). BY ADVS. ARUN BOSE.D ABD K.VISWAN(K/416/1993) THIS REV. PETITION (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RPFC NO. 16 OF 2022 3 2025:KER:26354 O R D E R The revision petitioner is the husband of the 1st respondent and the father of respondents 2 to 5. The respondents filed M.C.No.242 of 2018 before the Family Court, Thalassery under Section 125 of Cr.P.C. claiming maintenance. The petitioner was set ex-parte. The Family Court, after appreciating the evidence given by the respondents, allowed M.C as per the impugned judgment and granted a monthly maintenance of Rs.7,000/- to the 1st respondent and Rs.6,000/- each to respondents 2 to 5. Challenging the said judgment, this revision petition has been preferred. 2. Heard both sides. 3. The learned counsel for the petitioner submitted that the impugned judgment was passed without affording an opportunity to the petitioner to adduce evidence and to contest the petition on merits. Hence, he may be granted an opportunity to contest the case on merits. The learned counsel for the RPFC NO. 16 OF 2022 4 2025:KER:26354 respondents submitted that the petition filed by the petitioner to set aside the ex-parte order was allowed on condition that he shall deposit 50% of the maintenance arrears, but the petitioner failed to deposit the same. As of today, the total maintenance arrears due would come to Rs.24,00,000/-, out of which, the petitioner has already paid Rs.4,00,000/-. The balance would come to Rs.20,00,000/-. As stated already, this is a case where an opportunity was already extended to the petitioner to contest the case on merits on payment of 50% of the maintenance arrears, but he did not avail that opportunity. However, I am of the view that a final opportunity can be given to the petitioner to prove his bona fides to contest the petition on merits. 4. Having heard both sides, this revision petition is disposed of as follows: (a) The petitioner shall deposit Rs.3,00,000/- (Rupees three lakhs only) towards the maintenance arrears within one month from today before the Family Court, RPFC NO. 16 OF 2022 5 2025:KER:26354 Thalassery. (b) The petitioner shall deposit another sum of Rs.5,00,000/- (Rupees five lakhs only) within two months thereafter. (c) On such deposit, the respondents are entitled to withdraw the same. (d) On deposit as mentioned above, the impugned judgment in M.C.No.242 of 2018 shall stand set aside and the Family Court shall dispose of M.C.No.242 of 2018, in accordance with law, after giving an opportunity to both sides to adduce evidence. (e) If the petitioner fails to make any of the payment as aforementioned, the impugned judgment in M.C.No.242 of 2018 shall stand confirmed. Sd/- DR.KAUSER EDAPPAGATH, JUDGE AS RPFC NO. 16 OF 2022 6 2025:KER:26354 APPENDIX OF RPFC NO. 16 OF 2022 PETITIONER EXHIBITS ANNEXURE 1 TRUE COPY OF THE RECEIPT DATED 29.01.2022 AND 14.02.2022