Mani vs Sreedevi
2022 Latest Caselaw 5607 Ker

         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

4. Parties are directed to appear before the

Family Court on 13.6.2022.

Sd/-

MUHAMED MUSTAQUE, Judge

Sd/-

SOPHY THOMAS, Judge

Mrcs