Kerala High Court
Elsan Abraham vs Salin Varghese on 28 June, 2024
Author: Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
OP (FC) NO. 276 OF 2024
AGAINST THE ORDER DATED 03.04.2024 IN R.P NO. 19/2023
IN OP NO.1052/2018 OF FAMILY COURT, KOTTAYAM
PETITIONER/PETITIONER/RESPONDENT:
ELSAN ABRAHAM
AGED 49 YEARS
D/O.ABRAHAM, KOLAKKOZHIMAKKAL
HOUSE, MANARCADU (PO), KOTTAYAM
DISTRICT, PIN - 686019
BY ADVS.
BINOY VASUDEVAN
SREEJITH SREENATH
RESPONDENT/RESPONDENT/PETITIONER:
SALIN VARGHESE
S/O.BABY, AGED 48 YEARS, AYKKARAPADAVIL
HOUSE, SOUTH PAMBADI (PO), KOTTAYAM
DISTRICT, PIN - 686521
BY ADVS.
SANTHOSH PETER
P.N.ANOOP(K/1451/2003)
M.S.SANDEEP SUDHAKARAN(K/000598/2018)
OTHER PRESENT:
SRI SANTHOSH PETER(MAMALAYIL), FOR PARTY RESP.
THIS OP (FAMILY COURT) HAVING COME UP FOR FINAL
HEARING ON 28.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
O.P (FC) No. 276 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
This petition is filed challenging the order dated 03.04.2024 in R.P
No. 19 of 2023 in O.P No.1052 of 2018, passed by the Family Court,
Kottayam at Ettumannor.
2. It appears that, by the said application, the request made by
the petitioner herein, for setting aside the ex parte decree, was allowed
on payment of cost of Rs.20,000/-.
3. The learned counsel appearing for the petitioner submits
that the petitioner is a lady and that she is facing an acute financial crisis.
According to the learned counsel, there were no wilful laches on her part
and the cost ordered is on the higher side.
4. The learned counsel appearing for the respondent would
refute the submissions. He points out that the petitioner had appeared in
the proceedings as early as on 31.12.2018 and it was after the grant of
numerous opportunities that the case was posted for evidence. It is
submitted that though numerous postings were granted, she did not
appear and she was set ex parte on 9.12.2021. The evidence was
recorded on 19.9.2022 and the case was posted for judgment on
27.09.2022. The Court by order dated 08.11.2022 had allowed the
application on payment of cost of Rs.15,000/-. However, for non-payment
of cost, the application was dismissed on 24.12.2022. It is thereafter, that
on 06.02.2023, a fresh application was filed, which was allowed on
payment of cost of Rs.20,000/-. According to the learned counsel, no
interference is warranted.
5. We have considered the submissions advanced.
6. We find that the petitioner is a lady, who is defending a
petition for divorce. Though there are laches on her part, we are of the
view that an opportunity is to be granted to contest the matter on merits.
However, we are of the view that the cost of Rs.20,000/-, ordered by the
Family Court is on the higher side. Having considered all the relevant
facts, we sustain the order passed by the Family Court, but reduce the
cost ordered to Rs.15,000/-. We direct the petitioner to pay the cost as
modified within a period of two weeks from today. If the amount is paid
as ordered, the petition shall be taken back on file and the proceedings
shall be expedited and concluded at the earliest, as the petition is of the
year 2015. Needless to say, the petitioner shall diligently cooperate to
take the matter to a logical conclusion at the earliest.
This Original Petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sd/-
P.M.MANOJ,
JUDGE
APM
APPENDIX OF OP (FC) 276/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF O.P.NO.1052/2018 DATED
NIL. ON THE FILE OF THE FAMILY
COURT, KOTTAYAM AT ETTUMANOOR
Exhibit P2 TRUE COPY OF I.A.NO.2/2022 IN
O.P.NO.1052/2018 ON THE FILE OF THE
FAMILY COURT, KOTTAYAM AT ETTUMANOOR
Exhibit P3 TRUE COPY OF R.P.NO.19/2023 IN
O.P.NO.1052/2018 DATED 16-02-2023 ON
THE FILE OF THE FAMILY COURT,
KOTTAYAM AT ETTUMANNOR
Exhibit P4 TRUE COPY OF THE OBJECTION PREFERRED
BY THE RESPONDENT DATED NIL IN
R.P.NO.19/2023 IN O.P.NO.1052/2018
ON THE FILE OF THE FAMILY COURT,
KOTTAYAM AT ETTUMANNOR
Exhibit P5 TRUE COPY OF ORDER DATED 03-04-2024
IN R.P.NO.19/2023 IN
O.P.NO.1052/2018 ON THE FILE OF THE
FAMILY COURT, KOTTAYAM AT ETTUMANOOR
