Joejoe Puthanpurayil Mathews vs Jiby Sara Thomas
2025 Latest Caselaw 9646 Ker

Kerala High Court

Joejoe Puthanpurayil Mathews vs Jiby Sara Thomas on 14 October, 2025

Author: Devan Ramachandran

Bench: Devan Ramachandran

                                               2025:KER:76251
          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                              &
         THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
  TUESDAY, THE 14TH DAY OF OCTOBER 2025 / 22ND ASWINA, 1947
                 MAT.APPEAL NO. 781 OF 2025
 AGAINST THE ORDER DATED 04.03.2025 IN RESTORATION PETITION
    22/2024 IN OP(OTHERS) NO.572 OF 2022 OF FAMILY COURT,
                         THIRUVALLA

APPELLANT:
          JOEJOE PUTHANPURAYIL MATHEWS, AGED 40 YEARS
          S/O. MATHEWS P. ABRAHAM, ELAPPUNKAL PUTHENPURAYIL
          HOUSE, KURANGAZHA P.O. KOIPRAM VILLAGE, THIRUVALLA
          TALUK, PATHANAMTHITTA DISTRICT, KERALA, INDIA.
          NOW RESIDING AT 305 KROTZ EAST, LISTOWEL, NAW0B4,
          ONTARIO TORONTO CANADA. REPRESENTED BY POWER OF
          ANTONEY HOLDER NIRMALA MATHEWS, AGE 68,
          W/O. LATE. MATHEWS P. ABRAHAM, ELAPPUNKAL
          PUTHENPURAYIL HOUSE, KURANGAZHA P.O., KOIPRAM
          VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA
          DISTRICT, KERALA, INDIA, PIN - 689548

         BY ADV SRI.P.M.SANEER
RESPONDENT:
          JIBY SARA THOMAS, AGED 40 YEARS, D/O. THOMAS
          TITUS, KUNNAPUZHA HOUSE, PULLAD P.O., KOIPRAM
          VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA
          DISTRICT, KERALA. NOW RESIDING AT 927 HANNAH
          AVENUE, SOUTH LISTOWEL, ONTARIO, NAWOH7,
          CANADA, PIN - 689548

         BY ADVS.
         SRI.K.N.RADHAKRISHNAN(THIRUVALLA)
         SMT.ANJU SUSAN REJI


     THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON
14.10.2025, ALONG WITH MAT APPEAL 782/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
                                                     2025:KER:76251
Mat Appeals 781/25 & 782/25
                                          2


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                   &
           THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
  TUESDAY, THE 14TH DAY OF OCTOBER 2025 / 22ND ASWINA, 1947
                       MAT.APPEAL NO. 782 OF 2025
 AGAINST THE ORDER DATED 04.03.2025 IN RESTORATION PETITION
       23/2024 IN OP(DIV) NO.571 OF 2022 OF FAMILY COURT,
                               THIRUVALLA

APPELLANT/PETITIONER:
          JOEJOE PUTHANPURAYIL MATHEWS, AGED 40 YEARS
          S/O. MATHEWS P. ABRAHAM, ELAPPUNKAL PUTHENPURAYIL
          HOUSE, KURANGAZHA P.O. KOIPRAM VILLAGE, THIRUVALLA
          TALUK, PATHANAMTHITTA DISTRICT, KERALA, INDIA.
          NOW RESIDING AT 305 KROTZ EAST, LISTOWEL, NAW0B4,
          ONTARIO TORONTO CANADA. REPRESENTED BY POWER OF
          ANTONEY HOLDER NIRMALA MATHEWS, AGE 68,
          W/O. LATE. MATHEWS P. ABRAHAM, ELAPPUNKAL
          PUTHENPURAYIL HOUSE, KURANGAZHA P.O., KOIPRAM
          VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA
          DISTRICT, KERALA, INDIA, PIN - 689548

             BY ADV SRI.P.M.SANEER


RESPONDENT/RESPONDENT:
          JIBY SARA THOMAS, AGED 40 YEARS, D/O. THOMAS
          TITUS, KUNNAPUZHA HOUSE, PULLAD P.O., KOIPRAM
          VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA
          DISTRICT, KERALA. NOW RESIDING AT 927 HANNAH
          AVENUE, SOUTH LISTOWEL, ONTARIO, NAWOH7,
          CANADA, PIN - 689548

             BY ADVS.
             SRI.K.N.RADHAKRISHNAN(THIRUVALLA)
             SMT.ANJU SUSAN REJI
                                                2025:KER:76251
Mat Appeals 781/25 & 782/25
                                    3



      THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON
14.10.2025, ALONG WITH MAT APPEAL 781/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
                                                         2025:KER:76251
Mat Appeals 781/25 & 782/25
                                         4



                              JUDGMENT

Devan Ramachandran, J.

We are considering these Appeals together since the

underlying factual circumstances are analogous and the parties are

the same.

2. The appellant is the husband of the respondent and the

latter filed two Original Petitions before the learned Family Court,

Thiruvalla, namely, O.P.(Div) 571/2022 - seeking divorce from the

former; and O.P.(Others) No.572/2022 - seeking return of her gold

and patrimony.

3. Both the aforesaid Original Petitions were decreed,

however, declaring the appellant ex parte; and he, thereupon, filed

two applications, numbered as Restoration Petition 23/2024 in O.P.

(Div) No.571/2022 and as Restoration Petition 22/2024 in O.P.

(Others) No.572/2022, invoking the provisions of Order IX Rule 13

of the Code of Civil Procedure (CPC), seeking the ex partes to be 2025:KER:76251 Mat Appeals 781/25 & 782/25

set aside. However, the learned Family Court dismissed both these

applications, thus confirming the ex parte decrees in both cases.

4. Sri.P.M.Saneer - learned counsel for the appellant,

argued that the learned Family Court ought not to have dismissed

his applications for setting aside the ex parte decree because, they

were filed in time without brooking delay. He explained that his

client was abroad for employment, and was not in a position to

appear before the learned Family Court for the purpose of filing

objections or to contest the matter; and that, therefore, he ought

not have been subjected to ex parte decrees, that too when he has

valid contentions in defence.

5. Sri.K.N.Radhakrishnan - learned counsel for the

respondent, however, in refutation, submitted that the learned

Family Court can never be found fault with because, as evident

from the impugned orders, the appellant has even refused to file

objections, thus making it limpid that his intention is to keep the

matters pending ad infinitum. He, therefore, prayed that these 2025:KER:76251 Mat Appeals 781/25 & 782/25

Appeals be dismissed.

6. We must record upfront that we do not condone or

countenance the conduct of any party in not prosecuting or

defending matters as is required under the Statutory scheme. No

doubt, even going by the orders impugned, the appellant has not

filed objections in either of the matters; and hence, the learned

Family Court justifiably thought that he was trying to delay

proceedings.

7. However, the decrees available today cause drastic

consequences on the appellant; and we are of the firm view that it

cannot be allowed to remain without him being given a proper

opportunity. Add to this, the fact that he moved the learned

Court, invoking Order IX Rule 13 of the CPC, for setting aside the

ex parte decree without causing any delay would also be a factor

in his favour.

In the afore circumstances, we allow these Appeals and set

aside the order of the learned Family Court in Restoration Petition 2025:KER:76251 Mat Appeals 781/25 & 782/25

No.23/2024 in O.P.(Div) No.571/2022 and Restoration Petition

No.22/2024 in O.P.(Others) No.572/2022; and consequentially

allow both of them.

As a corollary, the ex parte decrees against the appellant will

stand set aside; with a concomitant direction to the learned Family

Court to decide O.P.(Div) No.571/2022 and O.P.(Others)

No.572/2022, after affording necessary opportunity to both sides,

without any avoidable delay.

However, in order to ensure that the respondent is not put

to any prejudice, we record the undertaking of Sri.P.M.Saneer that

his client will file objections in both matters - if it has not been

done already, within a period of two weeks from the date of

receipt of a copy of this judgment.

Needless to say, if the objections are not filed within the

afore time, it will be up to the learned Family Court to take an

apposite decision as per law, notwithstanding our observations

above.

2025:KER:76251 Mat Appeals 781/25 & 782/25

To obtain an expeditious compliance of the afore

directions, we direct the parties to mark appearance before the

learned Family Court, Thiruvalla, at 11 A.M. on 27.10.2025.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

M.B. SNEHALATHA JUDGE RR 2025:KER:76251 Mat Appeals 781/25 & 782/25

APPENDIX OF MAT.APPEAL 781/2025

PETITIONER ANNEXURES

Annexure I TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE APPELLANT ON 19/03/2024. Annexure II THE TRUE COPY OF THE ORIGINAL PETITION IN O.P.(OTHERS) 572/2022 OF FAMILY COURT THIRUVALLA Annexure III THE CERTIFIED COPY OF THE JUDGEMENT DATED 26/3/2024 IN O.P.(OTHERS) NO.572/2022 OF THE FAMILY COURT, THIRUVALLA Annexure IV THE CERTIFIED COPY OF THE DECREE DATED 26/03/2024 IN O.P.(OTHERS) NO.572/2022 OF THE FAMILY COURT, THIRUVALLA Annexure V THE TRUE COPY OF THE PETITION IN R.P.NO.22/2024 IN O.P. (OTHERS) NO.572/2022 ON THE FILE OF THE FAMILY COURT, THIRUVALLA Annexure VI THE TRUE COPY OF THE OBJECTION DATED 19/12/2024 TO R.P.NO.22/2024 IN O.P. (OTHERS)572/2022 BEFORE THE FAMILY COURT, THIRUVALLA 2025:KER:76251 Mat Appeals 781/25 & 782/25

APPENDIX OF MAT.APPEAL 782/2025

PETITIONER ANNEXURES

Annexure-I TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE APPELLANT ON 19/03/2024. Annexure-II TRUE COPY OF THE ORIGINAL PETITION IN O.P.(DIV) 571/2022 ON THE FILE OF FAMILY COURT THIRUVALLA.

Annexure-III TRUE COPY OF THE JUDGEMENT DATED 26/3/2024 IN O.P.(DIV).571/2022 OF THE FAMILY COURT, THIRUVALLA.

Annexure-IV TRUE COPY OF THE DECREE DATED 26/03/2024 IN O.P.(DIV). 571/2022 OF THE FAMILY COURT, THIRUVALLA.

Annexure-V TRUE COPY OF THE PETITION IN R.P.NO.23/2024 IN O.P. (DIV).NO.571/2022 ON THE FILE OF THE FAMILY COURT, THIRUVALLA.

Annexure-VI TRUE COPY OF THE OBJECTION DATED 19/12/2024 TO R.P.NO.23/2024 IN O.P. (DIV)571/2022 BEFORE THE FAMILY COURT, THIRUVALLA.