IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 345 of 2008()
1. JIBY MATHEW, VADAKKUPURATHU VEEDU,
... Petitioner
Vs
1. SUJAMOL CHACKO, KADIYANKUNNIL VEEDU
... Respondent
For Petitioner :SRI.JACOB E SIMON
For Respondent :SRI.ABRAHAM SAMSON
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :09/06/2009
O R D E R
R.BASANT & M.C.HARIRANI, JJ.
* * * * * * * * * * * * *
Mat.Appeal Nos.345 and 434 of 2008
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Dated this the 9th day of June 2009
J U D G M E N T
BASANT,J
These appeals are directed against successive orders
passed in an application to set aside an ex parte decree before
the Family Court. An ex parte decree was passed against the
appellant obliging him to pay amounts to the respondent, his
wife. He filed an application to set aside the ex parte order. The
learned Judge of the Family Court indulgently directed that the
ex parte order be set aside on condition that the appellant
deposits an amount of Rs.25,000/- being half of the admitted
liability. That order is challenged in the first Mat.Appeal.
Inasmuch as the amount was not deposited as directed, the
learned Judge proceeded to pass the next order dismissing the
application to set aside the ex parte order. That order is
challenged in the next Mat.Appeal.
2. When this appeal was admitted on 29/9/2008, there
was a direction that an amount of Rs.50,000/- be deposited. It is
submitted at the Bar that the amount has already been deposited.
M.A.Nos.345 & 434 of 2008 2
3. When these appeals came up for hearing, there is an
agreement between the parties that the amount of Rs.50,000/-
deposited as per the order dated 29/9/2008 can be directed to be
released to the respondent herein and the appellant can be given an
opportunity to advance his contentions before the Family Court.
4. In the result,
a) These Mat.Appeals are allowed as agreed.
b) The impugned order shall stand set aside and the Family
Court shall dispose of O.P.No.740/2006 afresh, in accordance with
law and as expeditiously as possible.
c) The amount of Rs.50,000/- which is in deposit before the
court below shall forthwith be released to the respondent. Those
amounts shall be treated as paid to the respondent on the date on
which the amounts are released to him and credit shall be given to
such payments ultimately if a decree were passed against him.
d) In any event, the amount realised shall not be liable to be
returned by the respondent.
e) Parties shall appear before the Family Court on 09.07.09
to continue the proceedings.
(R.BASANT, JUDGE)
(M.C.HARIRANI, JUDGE)
jsr
M.A.Nos.345 & 434 of 2008 3
M.A.Nos.345 & 434 of 2008 4
R.BASANT &C.T.RAVIKUMAR, JJ.
.No. of 200
ORDER/JUDGMENT
06/02/2009