SUBHASH Vs. JAYASREE

JUDGEMENT

(1.) PETITIONER calls in question Ext.P2 order passed by the Family Court, Kottarakkara. PETITIONER is the first respondent in O.P.520/2009. Respondents 2 and 3 in the OP before the Family Court are his mother and father. PETITIONER is the husband of the respondent. The OP was filed by the respondent for return of 38.5 sovereigns of gold ornaments or its value and for realisation of an amount of Rs. 1,25,000/- and also for realising an amount of Rs. 3,000/- per month towards maintenance from the respondents in the O.P.

(2.) IT is the case of the petitioner/Ist respondent in OP that due to this absence on16.11.2009 the court below passed an exparte order and posted the case for evidence. The other respondents appeared. There is a Power of Attorney executed by the petitioner. Petitioner filed application to set aside the exparte order. He has also filed Ext.P1 objection in the original petition. By Ext.P2 order the Family Court allowed the petition on condition of deposit of 25% of the amount claimed in the original petition by the petitioner. IT is stated that the amount claimed is Rs. 5,70,200/- and the petitioner will have to deposit Rs. 1,42,550/-. IT is stated that petitioner is getting an amount below Rs. 10,000/- as salary in gulf country. He could not arrange the amount. Petitioner takes exception to the condition of deposit of 25% of the amount as illegal and irregular.