Mani vs Sreedevi

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                            &
         THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
  THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
                MAT.APPEAL NO. 355 OF 2018
            OP 679/2013 OF FAMILY COURT, TIRUR
APPELLANT/PETITIONER/RESPONDENTS

         MANI, AGED 49 YEARS, S/O KILIYAN, MELEPPURATH
         HOUSE, PERUMANNA AMSOM KLARI DESOM, TIRUR TALUK,
         MALAPPURAM DISTRICT.
         BY ADVS.
         SRI.K.P.SUDHEER
         SRI.ARUN MATHEW VADAKKAN


RESPONDENT/RESPONDENT/PETITIONER

         SREEDEVI
         AGED 44 YEARS, D/O. THUMBAN, MUNDIYALATH HOUSE,
         RAYIRIMANGALAM AMSOM DESOM, TANUR P.O, TIRUR
         TALUK, MALAPPURAM DISTRICT, PIN- 676302.
         BY ADVS.
         SRI.V.CHANDRASEKHARAN
         SMT.DEEPA NARAYANAN



    THIS MATRIMONIAL APPEAL HAVING COME UP FOR
ADMISSION ON 26.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 Mat.App.355/2018
                                            2




                               JUDGMENT

Dated : 26th May, 2022 Muhamed Mustaque, J.

1. Family Court dismissed the application to set aside the ex parte order along with the application for condonation of delay. On perusal of the impugned order, we are of the view that merely for the absence of the appellant and his counsel on the day, it was posted the court could not have dismissed the applications, unless it forms an opinion that the appellant was wilfully abstaining from the appearance in the Court.

2. Having considered the facts and circumstances, we are of the view that the impugned order can be set aside for reconsideration.

3. Hence, we allow the appeal and direct the Family Court to consider the applications on merits afresh, within six weeks. Mat.App.355/2018 3

4. Parties are directed to appear before the Family Court on 13.6.2022.

Sd/-

MUHAMED MUSTAQUE, Judge Sd/-

SOPHY THOMAS, Judge Mrcs