IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
MAT.APPEAL NO.367 OF 2022
AGAINST THE ORDER IN IA 1178/2019 IN OP 534/2017 OF FAMILY
COURT, PALAKKAD
APPELLANT/PETITIONER/RESPONDENT:
MAHESH
AGED 43 YEARS
S/O MARAVATTIKKAL GOPALAN EZHUTHASSAN,
MARAVATTIKKAL (H), MULANKUNNATHUKAVU DESOM,
KILLANNUR VILLAGE, TRISSUR DISTRICT, PIN-680581.
BY ADV LIJOY P.VARGHESE
RESPONDENT/RESPONDENT/PETITIONER:
SATHEEDEVI,
AGED 34 YEARS
D/O.KRISHNAN EZHUTHASSAN, KAVUNKAL (H), KAVALAPPARA
DESOM, VITHINASSERY, NENMARA, CHITTOOR, PALAKKAD
DISTRICT, PIN-678508.
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal No.367 of 2022 2
A.MUHAMED MUSTAQUE &
SOPHY THOMAS, JJ.
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Mat. Appeal No.367 of 2022
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Dated this the 1st day of July, 2022
JUDGMENT
A.Muhamed Mustaque, J.
This appeal is at the instance of the respondent in O.P No.534 of 2017 on the file of Family Court, Palakkad. The respondent herein approached the Family Court for recovery of gold ornaments and money from the appellant. The appellant was set ex parte in the proceedings. He filed an application to set aside the ex parte decree. That application was allowed on imposing conditions. The appellant has been directed to deposit the value of the relief granted besides payment of cost of Rs.2,500/- as a pre condition to set aside the ex parte decree. The appellant could not honour the conditions. Accordingly, the application was dismissed. These orders are under challenge before this Court. Mat.Appeal No.367 of 2022 3
2. The Family Court having satisfied that there are sufficient grounds to set aside the ex parte decree, could not have imposed such a condition to set aside the ex parte decree. The relief granted was recovery of Rs.2,23,000/- along with interest. If the appellant is directed to deposit the entire value of the relief granted, it would cause serious hardship to him. If the court is of the opinion that the conduct of the appellant had resulted in setting him ex parte, that can very well be remedied by payment of cost.
3. In the facts and circumstances of the case, we are of the view that, on payment of cost of Rs.10,000/-, the appeal can be allowed.
Accordingly, we allow this appeal. The appellant shall pay cost of Rs.10,000/- (Rupees ten thousand only) to the respondent. Cost shall be paid to the respondent through the counsel appearing for the respondent in the Family Court, within a period of three weeks. The parties are directed to appear before the Family Court, Palakkad on 01.08.2022. Thereafter the Family Court shall dispose the original petition itself within a further period of two months. Mat.Appeal No.367 of 2022 4 The petitioner shall produce a copy of this judgment before the Family Court, Palakkad. The petitioner shall also serve a copy of this judgment on the counsel appearing for the respondent in the Family Court.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SOPHY THOMAS JUDGE smp Mat.Appeal No.367 of 2022 5 APPENDIX OF MAT.APPEAL 367/2022 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE ORDER DATED 29.11.2021 IN PETITION TO SET ASIDE EX- PARTE DECREE I.A.NO.1178/2019 IN O.P.NO.534/2017 OF THE HONOURABLE FAMILY COURT, PALAKKAD.
Annexure 2 CERTIFIED COPY OF THE ORDER DATED 03.11.2021 IN PETITION TO SET ASIDE EX- PARTE DECREE I.A.NO.1178/2019 IN O.P.NO.534/2017 OF THE HONOURABLE FAMILY COURT, PALAKKAD.
Annexure 3 CERTIFIED COPY OF THE JUDGMENT DATED 20.05.2019 Annexure A4 CERTIFIED COPY OF THE DECREE DATED 20.05.2019.
RESPONDENT'S ANNEXURES: NIL.
True Copy P.S to Judge smp