Babu.E.D vs Dr.Sobha.T.R
2023 Latest Caselaw 7382 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                             &
         THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
  TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945

                MAT.APPEAL NO. 81 OF 2023
          OP 305/2018 OF FAMILY COURT, KOZHIKODE

APPELLANT/RESPONDENT:

BABU E.D., AGED 49 YEARS,
S/O.DAMODARAN, EDATHARA HOUSE, KELAKAM P.O, KANNUR, NOW
RESIDING AT PUTHALATH HOUSE, NEAR KAJA MASJID, SHAPPUKUNNU
DESOM, PULPATTA P.O, ERANAD TALUK, MANJERY, MALAPPURAM
DISTRICT, PIN - 676123.

BY ADVS.
K.DEEPA (PAYYANUR)
V.R.NASAR

RESPONDENT/PETITIONER:

DR.SOBHA.T.R., AGED 46 YEARS,
D/O. RAGHAVAN, THALAKKATTIL HOUSE, MARAVANCHERY, CHENGALUR
P.O, PUTHUKKAD, THRISSUR. NOW RESIDING AT TEACHER'S
QUARTERS, FAROOQUE COLLEGE, FAROOQUE, KOZHIKODE DISTRICT.,
PIN - 673632.

BY ADVS.
K.J.MOHAMMED ANZAR
P.K.MINIMOLE(K/1604/1995)
A.RADHAKRISHNAN NAIR(K/354/2006)
MUHAMMED ASHIQUE(K/001818/2021)

THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Mat.Appeal No.81 of 2023                    2



                                J U D G M E N T

A.Muhamed Mustaque, J.

This Mat. Appeal arises from a judgment in OP No.305

of 2018 on the file of the Family Court, Kozhikode. The

petitioner was the respondent therein. After closure of

respondent's evidence, the appellant/petitioner remained absent.

Accordingly, based on the respondent's evidence, the decree was

granted. The appellant's plea here is to set aside and remand

back the matter for fresh consideration. This was opposed by the

counsel for the respondent.

2. According to the appellant, he has undergone

Angioplasty and he could not contact the counsel. It is to be

noted that the appellant had not filed any application to set

aside the ex parte decree and the appellant came before this

Court challenging the decree on merit. Anyway we note that

there are laches on the part of the appellant in defending the

case. That can be remedied by imposing costs. It is appropriate

that the matter is revisited after adverting the objections and

evidence of the appellant. Accordingly, we set aside the

impugned judgment on terms.

3. We direct the appellant to pay costs of Rs.10,000/-

to the respondent. The costs shall be paid within three weeks

from today. The parties are directed to appear before the

Family Court, Kozhikode, on 01.08.2023. Thereafter, the Family

Court, Kozhikode, shall dispose of the matter before 30.09.2023.

The costs shall be paid either through counsel appearing before

this Court or directly to the respondent.

This Mat.Appeal is disposed of accordingly.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE DSV/30.6.23