Murali P T vs K K Ambily
2023 Latest Caselaw 6893 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 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                MAT.APPEAL NO. 843 OF 2022
AGAINST THE ORDER DATED 25.06.2022 IN I.A. NOS. 1/2020 AND
 2/2020 IN O.P. NO. 1151/2017 OF FAMILY COURT, KOTTAYAM AT
                        ETTUMANOOR
APPELLANT/PETITIONER/PETITIONER

         MURALI P T
         AGED 48 YEARS
         S/O. SANKARAN THANKAPPAN,
         RESIDING AT PUNNACKATHADATHIL,
         KOTHALA P.O., ANAKKARA, PAMPADY,
         KOTTAYAM DISTRICT - 686 502.

         BY ADVS.
         T.MADHU
         C.R.SARADAMANI
         SHAHID AZEEZ
         RENJISH S. MENON
         R.ANILKUMAR (KOTTAYAM)



RESPONDENT/RESPONDENT/RESPONDENT:

         K K AMBILY
         D/O. ANIYAN ACHARY,
         AGED 42 YEARS,
         RESIDING AT VALYAMANNIL-MALAYIL HOUSE,
         PADIMON P.O.,
         MALLAPPILLY VILLAGE AND TALUK,
         PATHANAMTHITTA DISTRICT - 686 587.


     THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
ON 22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 MAT. APPEAL NO. 843 OF 2022              2




                                 JUDGMENT

A.Muhamed Mustaque, J.

The appellant is the petitioner in an original petition

filed for divorce. The respondent remained ex-parte. Even

in this Mat. Appeal, the respondent remained absent after

service of notice.

2. The original petition was posted for ex-parte

evidence before the court below. Since petitioner could not

appear before the Court below, the petition for divorce was

dismissed. Thereafter, an application for restoration was

filed along with an application to condone the delay. That

application was also dismissed. This is how the petitioner approached this Court. It appears that there was no contest

in the matter. It may be true that there is delay in filing

the application for restoration.

3. Anyway, taking note of the facts and

circumstances, we are of the view that the impugned order

can be set aside and restore the original petition for

divorce on condition that the appellant send a sum of

Rs.5,000/-(Rupees Five Thousand Only), as cost to the

respondent by way of money order. The cost shall be paid

within one month. Ordered accordingly. The appellant shall

appear before the Family Court, Kottayam on 01.08.2023.

The Mat.Appeal is allowed accordingly.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SOPHY THOMAS, JUDGE

DCS/22.06.2023