Nisha Benziger vs Jiju Yohannan
2021 Latest Caselaw 4715 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                              &

              THE HONOURABLE MR.JUSTICE C.S.DIAS

TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                    OP (FC).No.92 OF 2021

  AGAINST THE ORDER/JUDGMENT IN OP 1324/2017 OF FAMILY
                      COURT,KOLLAM


PETITIONER:

              NISHA BENZIGER, AGED 37 YEARS, D/O. BENZIGER
              RAFEL, VISHAKK, PULLICHIRA P.O, KOLLAM.

              BY ADVS.
              SRI.R.MOHANA BABU
              SRI.M.AJITH (KARICODE)

RESPONDENT:

              JIJU YOHANNAN, AGED 40 YEARS, S/O.YOHANNAN,
              CHANIYEL HOUSE, MAYYANAD P.O, KACKOTTUMOOLA,
              KOLLAM -691 303


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.92 OF 2021

                              ..2..




                          JUDGMENT

Dated this the 9th day of February 2021

A.Muhamed Mustaque, J

In the nature of the order we propose to pass, notice to

the respondent is dispensed with.

The respondent filed an application to set aside the ex-

parte decree granted in O.P. No. 1324 of 2017 on the file of

the Family Court, Kollam. The respondent also filed an

application to condone the delay in filing application to set

aside the ex-parte decree. The petitioner seeks expeditious

consideration of the applications.

Taking note of the factual circumstances, we are of the

view that the applications, which are pending, shall be

disposed of by the Family Court within a period of one

month.

OP (FC).No.92 OF 2021

..3..

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

JUDGE

PR OP (FC).No.92 OF 2021

..4..

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITION IN O.P.

1324/2017 OF FAMILY COURT, KOLLAM

EXHIBIT P2 TRUE COPY OF THE I.A NO. 2915/2019 IN O.P. 1324 /2017 OF FAMILY COURT, KOLLAM FILED FOR SETTING ASIDE EXPARTE DECREE AND FOR RESTORING THE CASE.

EXHIBIT P3 TRUE COPY OF THE I.A. 2909/2019 IN O.P. 1324/2017 OF FAMILY COURT, KOLLAM FILED FOR CONDONING THE 35 YEARS, DELAY IN FILING THE PETITION TO SET ASIDE EXPARTE DECREE.