MOIDEEN KOYA A.P. Vs. SUHARA

JUDGEMENT

(1.) The prayer in the aforecaptioned O.P(Crl.) filed under Article 227 of the Constitution of India is as follows :

(2.) Heard Smt.K.S.Haseena, learned counsel appearing for the petitioner and Smt.T.B.Remani, learned counsel appearing for the respondents.

(3.) The petitioner herein had earlier married the 1 st respondent and the 2nd respondent herein is the minor child born in the said wedlock. During the subsistence of the marital relationship, the respondents had filed M.C.No.88/2016 before the Family Court, Kozhikode under Sec.125 of the Cr.P.C seeking maintenance at the rate of Rs.10,000/- per month for the wife and Rs.5,000/- per month to the minor daughter. The petitioner herein, who is the respondent in the said M.C was set ex-parte. The learned counsel for the petitioner submits that the marital relationship between the parties have been dissolved by the pronouncement of talaaq on 05.12.2016. Later, the Family Court has passed the impugned ex-parte final order dated 21.02.2018 in M.C.No.88/2016 ordering that the respondent herein should pay maintenance at the rate of Rs.5,000/- to the 1 st respondent herein and at the rate of Rs.3,000/- to the 2nd respondent herein from the date of the petition (23.03.2016). Aggrieved by the impugned Ext.P-1 ex-parte final order, the petitioner herein had filed the application to set aside the said ex-parte order and also a separate application for condoning the delay of 116 days in filing the said application to set aside the said ex-parte final order. The Family Court, Kozhikode has passed the impugned Ext.P-2 order dated 16.10.2018 in those applications ordering that the said applications will stand allowed on condition that the petitioner should deposit 80% of the maintenance arrears due within 20 days. The petitioner has challenged the said conditions in Ext.P-2 order to the extent he has been ordered to pay to deposit 80% of the maintenance allowance as a condition for setting aside of the impugned Ext.P-1 ex-parte order and for condoning the delay of 116 days in filing the said application to set aside the said ex- parte order.