SIDHARTH Vs. SANTHOSH R.K.

JUDGEMENT

(1.) THE petitioner, a minor aged two years and seven months, has preferred, through his mother, Ext.P1, a petition for maintenance, under Section 125 of Cr.P.C. before the Family Court, Thiruvananthapuram. That petition was dismissed by the Court by Ext.P2 order on the ground that the petitioner was absent. The petitioner has filed Ext.P3 petition, with a supporting affidavit, praying for setting aside Ext.P2 order and to restore the matter to file. That petition was also dismissed by the Court below by Ext.P5 order. This original petition is directed against that order.

(2.) HEARD the learned counsel for the petitioner. The respondent remains absent in spite of serving notice on him.

(3.) IN the result, the impugned order is set aside. The Family Court, Thiruvananthapuram is directed to restore M.C.No.27 of 2007 to its file and dispose of the same on merits as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of this judgment. This O.P.(F.C.) is allowed as above.