Kerala High Court Sets Aside Ex-Parte Order in Maintenance Case

In a significant legal development, the Kerala High Court, in RPFC No. 392 of 2023, issued an order on December 21, 2023, setting aside an ex-parte judgment in Maintenance Case No. 229/2019 of the Family Court, Malappuram. The petitioner-husband challenged the order directing him to pay monthly maintenance to his wife and son.


Husband, aged 42, was ordered to pay maintenance to his wife, aged 35, and his son aged 11, at varying rates. The respondents (wife and son) had filed the maintenance application under Section 125(1) of the Code of Criminal Procedure, 1973, citing misappropriation of funds and gold ornaments by the Husband.

Legal Proceedings

Husband, although filing written objections, failed to appear during the trial, resulting in him being set ex-parte. The Family Court consolidated multiple proceedings, including a divorce decree, and ordered maintenance based on uncontroverted evidence.

Court's Observations

The High Court noted husband’s history of being set ex-parte and his previous attempt to set aside such an order. The Court, applying the principle laid down in Kousalya v. Mukesh Jain [2020 KHC 6766], set aside the order, subject to certain conditions.

Image of a Judge holding the hammer. Text overlay says "Exparte Order Set Aside with Conditions"

Court's Decision

The Court, taking a lenient view, allowed the husband one last opportunity to contest the matter on merits. It ordered monthly interim maintenance payments and allowed him to deposit arrears in installments. The order would stand set aside upon full payment, giving husband a chance to contest the application.


This judgment from the Kerala High Court emphasizes fairness and affords the revision petitioner an opportunity to contest the case on merit. The decision showcases the Court’s commitment to justice while considering the circumstances of the case.

Download Judgment

Click above to download this Judgment in the case titled RPFC No. 392 of 2023. It can serve as a valuable resource for legal reference.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top